Rankin v. Buckman
Oregon Supreme Court
Appeal from Multnomah. The facts are stated in the opinion. Submit that when the statute refers to the duties of public officers exercising statutory authority delegated to them, concerning the public interests and the rights of third persons, the execution of the power may be insisted on as a duty, even though the phraseology of the statute be permissive only. And if the duty is not performed, an action will lie. (Sedgwick on Statutes and Const.
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Appeal from Multnomah. The facts are stated in the opinion. Submit that when the statute refers to the duties of public officers exercising statutory authority delegated to them, concerning the public interests and the rights of third persons, the execution of the power may be insisted on as a duty, even though the phraseology of the statute be permissive only. And if the duty is not performed, an action will lie. (Sedgwick on Statutes and Const. Law, 386, 387; Mayor of New Yorkv. Fu/rz, 3 Hill, 612; Thompson on Negligence, vol. 2, 627.) The repair of streets is a duty which devolved upon the…
1Opinion of the Court
By the Court,
Lord, C. J.:
This is an action to recover damages for an injury, resulting in the death of the daughter of the plaintiff, for negligence in not repairing a bridge.
The complaint alleges substantially, that the defendants were officers of the municipal corporation of the city of East Portland, duly elected and qualified as such, and constituting what is called the Board of Trustees of said city, and that each of them had accepted the said office and had entered upon the duties thereof; that by the charter of said city, it was the duty of said defendants, as such officers, to keep…
2Cases cited9 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- County Commissioners v. DuckettCourt of Appeals of Maryland · 1864
- Springfield Milling Co. v. Lane CountyOregon Supreme Court · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Smith v. CooperOregon Supreme Court · 1970
- Horton v. Oregon Health & Science UniversityOregon Supreme Court · 2016
- Noonan v. City of PortlandOregon Supreme Court · 1938
- Mattson v. AstoriaOregon Supreme Court · 1901
- Templeton v. Linn CountyOregon Supreme Court · 1892
19 more not listed; retrieve them via the Exa API.