Wehn v. Commissioners of Gage County
Nebraska Supreme Court
Error to the district court of Gage county. Tried below before Gantt, J. The case is stated in the opinion. There are two classes of cases where damages may be sustained by a private person as the consequences of the act of a municipal corporation. First, where the corporation, in a careful manner, performs a lawful act without wrong or negligence, but by' such act private property is injured as a consequence.
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Error to the district court of Gage county. Tried below before Gantt, J. The case is stated in the opinion. There are two classes of cases where damages may be sustained by a private person as the consequences of the act of a municipal corporation. First, where the corporation, in a careful manner, performs a lawful act without wrong or negligence, but by' such act private property is injured as a consequence. Second, where the corporation does an authorized act, but in performing it commits a wrong, such as performing the work carelessly, or negligently, or wantonly and maliciously; or…
1Opinion of the Court
Lake, Cii. J.
This is a proceeding in error, to reverse the judgment of the district court, sustaining a general demurrer to the plaintiff’s petition.
The plaintiff sought to recover a judgment against the county for damages alleged to have been occasioned by reason of the erection of a county jail in the immediate vicinity of his residence, and in permitting it to be so occupied and managed, as to have become, in fact, a nuisance to himself and family.
Admitting all that is alleged in the petition to be true, which the demurrer does, the question to be determined is, whether or not the county…
2Cases cited2 opinions
- Ward v. County of HartfordSupreme Court of Connecticut · 1838
- Crowell v. Sonoma CountyCalifornia Supreme Court · 1864
3Cited by16 opinions
- Madden v. Lancaster CountyCourt of Appeals for the Eighth Circuit · 1894
- Pharr v. GaribaldiSupreme Court of North Carolina · 1960
- Downing v. Mason CountyCourt of Appeals of Kentucky · 1888
- Woods v. County CommissionersNebraska Supreme Court · 1880
- La Clef v. City of ConcordiaSupreme Court of Kansas · 1889
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