Legal Opinion
Johnston v. City of Grants Pass
Oregon Supreme Court
Decided December 2, 1926PublishedCited by 8 opinions
1Opinion of the Court
COSHOW, J. —
It was in the discretion of the court to allow the complaint to be amended as was done. The amended complaint was filed before the issues were made up and the defendant was not injured thereby: Or. L., § 101; Holden v. Gulstrom, 89 Or. 133 (173 Pac. 672); Zimmerle v. Childers, 67 Or. 465 (136 Pac. 349).
It has been uniformly held that a city is not liable for the negligent acts of a fireman in the performance of his duty. Firemen are public officers and are not the agents of the city in its corporate or proprietary capacity. Their duty is governmental and they represent the public…
2Cases cited11 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
- Gearin v. Marion CountyOregon Supreme Court · 1924
- Wagner v. PortlandOregon Supreme Court · 1902
- Giaconi v. City of AstoriaOregon Supreme Court · 1911
- Zimmerle v. ChildersOregon Supreme Court · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- James v. Prince George's CountyCourt of Appeals of Maryland · 1980
- Ford v. City of CaldwellIdaho Supreme Court · 1958
- MacY v. HeverinCourt of Special Appeals of Maryland · 1979
- State Ex Rel. Kern v. ArnoldMontana Supreme Court · 1935
- Delaware Liquor Store, Inc. v. Mayor & Council of WilmingtonSuperior Court of Delaware · 1950
3 more not listed; retrieve them via the Exa API.