Raynsford v. Phelps
Michigan Supreme Court
Error to Kent. Trespass on the case. Plaintiff brings error. One who is individually injured by a violation of official duty has a remedy concurrent with the public prosecution for such violation, Cooley on Torts 7, 81;. Plumer v. Smith 5 N. H. 554; Boston etc. B. R. Co. v. Dana 1 Gray 83; Pettingill v. Rideout 6 N. H. 454; Cross v. Guthery 2 Boot 90; Patton v. Freeman 1 Coxe 113; Piscataqua Bankv.
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Error to Kent. Trespass on the case. Plaintiff brings error. One who is individually injured by a violation of official duty has a remedy concurrent with the public prosecution for such violation, Cooley on Torts 7, 81;. Plumer v. Smith 5 N. H. 554; Boston etc. B. R. Co. v. Dana 1 Gray 83; Pettingill v. Rideout 6 N. H. 454; Cross v. Guthery 2 Boot 90; Patton v. Freeman 1 Coxe 113; Piscataqua Bankv. Turnley 1 Miles 312; Story v. Hammond 4 Hammond 376; Lofton v. Vogles 17 Ind. 106: 14 Am. Dee. 245; a ministerial officer charged by statute with the performance of a certain duty in which an…
1Opinion of the CourtCooley, J.
It was decided in Rowning v. Goodchild 2 W. Bl. 906 that a public officer having ministerial duties to perform,- in which a private individual has a special and direct interest, is liable to such individual for any injury sustained by him in consequence of the failure to perform such duties. It was an officer connected with the postal service who was held liable in that case, and the decision is followed in this country. Teall v. Felton 1 N. Y. 537; s. c. in error, 12 How. 284. Election officers have been held liable on the same ground (Ashby v. White Ld. Raym. 938: 1 Salk. 19; Lincoln v.…
2Cases cited18 opinions
- Hover v. BarkhoofCommission of Appeals · 1870
- Amy v. The SupervisorsSupreme Court of the United States · 1871
- William H. Tracy and John B. Balestier, in Error v. Samuel SwartwoutSupreme Court of the United States · 1836
- Lincoln v. HapgoodMassachusetts Supreme Judicial Court · 1814
- City of Carondelet v. PicotSupreme Court of Missouri · 1866
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3Cited by40 opinions
- Ross v. Consumers Power Co.Michigan Supreme Court · 1985
- Cook v. BennettMichigan Court of Appeals · 1979
- Antkiewicz v. Motorists Mutual InsuranceMichigan Court of Appeals · 1979
- Tocco v. PiersanteMichigan Court of Appeals · 1976
- Lovitt v. Concord School DistrictMichigan Court of Appeals · 1975
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