Delaware Liquor Store, Inc. v. Mayor & Council of Wilmington
Superior Court of Delaware
The complaint is as follows: “1. On January 27, 1949, the plaintiff was the owner of a building situated on the northeast corner of Twenty-third and Market Streets, Wilmington, Delaware. On that day, at about 8:45 P. M., the defendant Gladys L. Haley was operating an automobile in an easterly direction on Twenty-third Street approaching its intersection with Market Street, Wilmington, Delaware.
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The complaint is as follows: “1. On January 27, 1949, the plaintiff was the owner of a building situated on the northeast corner of Twenty-third and Market Streets, Wilmington, Delaware. On that day, at about 8:45 P. M., the defendant Gladys L. Haley was operating an automobile in an easterly direction on Twenty-third Street approaching its intersection with Market Street, Wilmington, Delaware. At said intersection there is a traffic signal control light, having been installed by the Street and Sewer Department of the City of Wilmington, which was in operation at the time and place aforesaid.…
1Opinion of the CourtTerry, J.
A municipal corporation has a dual character, and, as such, performs a dual function. In its first aspect it is governmental, public or legislative. In its second it is corporate, private, ministerial or proprietary. 1 Dillon, Municipal Corporations, 5th Ed., Page 181; McQuillen, Municipal Corporations, 2d Ed., Page 758; City of Seattle v. Stirrat, 55 Wash. 560, 104 P. 834, 24 L. R. A. (N. S.) 1275; 63 C. J. S., Municipal Corporations, § 757 (b); 38 Am. Jur., Municipal Corporations, Sec. 572.
The Courts of this country have with practical unanimity declared that a municipal corporation engaged…
2Cases cited28 opinions
- Aldrich v. City of YoungstownOhio Supreme Court · 1922
- Hagerman v. City of SeattleWashington Supreme Court · 1937
- Maxwell v. City of MiamiSupreme Court of Florida · 1924
- Tainter v. City of WorcesterMassachusetts Supreme Judicial Court · 1877
- Dargan v. Mayor of MobileSupreme Court of Alabama · 1858
23 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Wilmington v. SpencerSupreme Court of Delaware · 1978
- Shellburne, Inc. v. RobertsSupreme Court of Delaware · 1968
- Ford v. City of CaldwellIdaho Supreme Court · 1958
- Flait v. Mayor & Council of WilmingtonSupreme Court of Delaware · 1953
- Pruett v. DaytonCourt of Chancery of Delaware · 1961
6 more not listed; retrieve them via the Exa API.