City of Denver v. Spencer
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County: Hon. F. T. Johnson, Judge. Action for damages for personal injury wliich. plaintiff sustained by the falling of a stand alleged to have been negligently erected by defendant. The material issue of negligence being traversed, trial to a jury resulted in judgment for the plaintiff. Defendant appeals. At the time of the accident the defendant city existed under a special charter granted.by the general assembly.
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Appeal from the District Court of Arapahoe County: Hon. F. T. Johnson, Judge. Action for damages for personal injury wliich. plaintiff sustained by the falling of a stand alleged to have been negligently erected by defendant. The material issue of negligence being traversed, trial to a jury resulted in judgment for the plaintiff. Defendant appeals. At the time of the accident the defendant city existed under a special charter granted.by the general assembly. Article III thereof created a park commission composed of three commissioners to be appointed by the mayor. Section 81 of the article…
1Opinion of the CourtJustice Campbell
1. The city says that, although the park commission has the control and management of its public parks, yet, as they were appointed under the authority of the general assembly, they are not strictly municipal, but public or state officers, and therefore the city is not liable for their negligent acts within the scope of their authority.
This position is not tenable, and the very authorities cited in its support are against it. The special charter was granted to the city by the general assembly, but the duties imposed upon the park commission are exclusively for its benefit, and in no sense for…
2Cases cited24 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
19 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- Emmons v. City of VirginiaSupreme Court of Minnesota · 1922
- City of Sapulpa v. YoungSupreme Court of Oklahoma · 1931
- City of Kokomo v. LoyIndiana Supreme Court · 1916
- Ackeret v. City of MinneapolisSupreme Court of Minnesota · 1915
24 more not listed; retrieve them via the Exa API.