Vail v. Town of Amenia
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by William M. Vail against the town of Amenia to recover damages for personal injuries. From a judgment for defendant, plaintiff appeals. The township was by express provision of law bound to maintain and repair the bridges upon its public highways and was vested with power to raise money for that purpose. The power to borrow money is as adequate for the purpose as the power to levy taxes.
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Appeal from District Court, Cass County; McConnell, J. Action by William M. Vail against the town of Amenia to recover damages for personal injuries. From a judgment for defendant, plaintiff appeals. The township was by express provision of law bound to maintain and repair the bridges upon its public highways and was vested with power to raise money for that purpose. The power to borrow money is as adequate for the purpose as the power to levy taxes. Hover v. Barkhoof 44 N. Y. 113. Towns and counties have been held to be mere political divisions of the state. Lorillard v. Monroe, 11 N. Y.…
1Opinion of the CourtBartholomew, C. J.
William M. Vail, the appellant herein, sued the town of Amenia for damages for personal injuries. The complaint charges the corporate capacity of the respondent, and alleges the existence of a certain highway within said town, which was laid out, established, and maintained by respondent, and which was a graded and much used highway; alleges the existence of a bridge in said highway as a part thereof, which said bridge was constructed by respondent, and was under its exclusive charge and control; that said bridge was suffered and allowed to become unsafe and dangerous, and that its condition…
2Cases cited41 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Hollenbeck v. County of WinnebagoIllinois Supreme Court · 1880
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3Cited by20 opinions
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- Jerauld County v. Saint Paul-Mercury Indemnity Co.South Dakota Supreme Court · 1955
- Plumbing Supply Co. v. Board of EducationSouth Dakota Supreme Court · 1913
- Spielman v. StateNorth Dakota Supreme Court · 1958
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