Clarissey v. Metropolitan Fire Department
The Superior Court of New York City
Demurrer argued at Special Term, before Chief-Justice Robertson. The complaint alleged that the defendant was created under an act of the Legislature, entitled “An act to. create a Metropolitan Fire Department, and to establish a fire department therein.” That the defendant owned and operated, worked and managed a certain fire steam-engine.
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Demurrer argued at Special Term, before Chief-Justice Robertson. The complaint alleged that the defendant was created under an act of the Legislature, entitled “An act to. create a Metropolitan Fire Department, and to establish a fire department therein.” That the defendant owned and operated, worked and managed a certain fire steam-engine. That the plaintiff being lawfully in the public street, and the defendant then and there operating, and-causing to be operated, worked, and managed the said engine, the boiler thereof did burst and explode, by reason and because of the faulty, unsafe, and…
1Opinion of the Court
By the Court:
Monell, J.
It is claimed, in support of the demurrer in this case, that the defendant has not capacity to be sued.
The act creating the Metropolitan Eire Department does not in terms declare it to be a body politic or corporate; and although it has express power to sue, it has no express capacity to be sued; and as the action is against the defendant, by its denominational title, it must be shown to be a corporation de facto or sub modo, or it cannot be sustained.
*227There are numerous instances of collective bodies of men who are invested with corporate attributes sub modo. Some have…
2Cases cited2 opinions
- Inhabitants of Fourth School-District v. WoodMassachusetts Supreme Judicial Court · 1816
- Fire Department of New-York v. KipNew York Supreme Court · 1833
3Cited by3 opinions
- Woolbridge v. Mayor of New YorkNew York Supreme Court · 1875
- Donovan v. Board of EducationThe Superior Court of New York City · 1878
- Donovan v. Board of EducationThe Superior Court of New York City · 1878