Legal Opinion

Ogg v. City of Lansing

Supreme Court of Iowa

Decided December 18, 1872PublishedCited by 64 opinions

Appeal from Alamaliee District Oov/rt. The petition alleges in substance that the defendant is an incorporated city, and that in November, 1871, a man by the name of Lees was sick with the small-pox in said city; that defendant took Lees and the house in which he was confined with said disease under its charge and control, but neglected to take proper and ordinary precautions to prevent the spread of the disease; that said Lees died of said disease during the month of…

Read the full summary

Appeal from Alamaliee District Oov/rt. The petition alleges in substance that the defendant is an incorporated city, and that in November, 1871, a man by the name of Lees was sick with the small-pox in said city; that defendant took Lees and the house in which he was confined with said disease under its charge and control, but neglected to take proper and ordinary precautions to prevent the spread of the disease; that said Lees died of said disease during the month of December, and the agents and employees of defendant requested and directed plaintiff, who was passing the house in which Lees…

1Opinion of the CourtDay, J.

Appellant claims that the city is liable for the injuries complained of under the provisions of sections 1057 and 1096 of the Revision, and chapter 107, Laws of 1866.

Section 1096 of the Revision confers upon municipal corporations power to prevent injury or annoyance within their limits from any thing dangerous, offensive or unhealthy ; to abate nuisances; to regulate the transportation and keeping of gunpowder; to prevent and punish immoderate riding or driving in the streets ; to prevent riots; to suppress and restrain disorderly houses, etc.

*497Section 1057 of the Revision confers upon the…

2Cases cited1 opinion

  1. Brinkmeyer v. City of EvansvilleIndiana Supreme Court · 1867

3Cited by64 opinions

  1. Fire Insurance Patrol v. BoydSupreme Court of Pennsylvania · 1888
  2. Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
  3. Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
  4. City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
  5. Calwell v. City of BooneSupreme Court of Iowa · 1879

59 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API