Grube v. City of St. Paul
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Eamsey county, Brill, J;, presiding, sustaining a demurrer to the complaint. The action was brought to recover damages for injuries done to the property of plaintiff by firemen of the defendant in carelessly and negligently driving a hose-cart while responding to a public alarm of fire.
1Opinion of the CourtGilfillaN, C. J.
This case must follow the decision in Bryant v. City of St. Paul, 38 Minn. 289, in which it was held that the duties of a board of health of a city, established, and its duties prescribed, by an act of the legislature, are not municipal or corporate duties, but are governmental or police functions, and that in the performance of such duties the officers of the board are not servants or agents of the city, within the rule respondeat superior.
There is no distinction in the character, in this respect, of the duties of a board of health and a fire department of a city, provided for, and its…
2Cases cited7 opinions
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Jewett v. City of New HavenSupreme Court of Connecticut · 1871
- Wilcox v. City of ChicagoIllinois Supreme Court · 1883
- Smith v. . City of RochesterNew York Court of Appeals · 1879
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3Cited by19 opinions
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Snider v. City of St. PaulSupreme Court of Minnesota · 1892
- Ackeret v. City of MinneapolisSupreme Court of Minnesota · 1915
- Long v. City of BirminghamSupreme Court of Alabama · 1909
- Cunningham v. City of SeattleWashington Supreme Court · 1906
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