Legal Opinion

Western College of Homeopathic Medicine v. City of Cleveland

Ohio Supreme Court

Decided December 15, 1861Published

Civil Action. Reserved in the district court of Cuyahoga county. The petition of the plaintiff states that it is a medical college located in Cleveland, and had a building adapted for its purposes, in that city, and was in successful operation ; that it was the duty of the defendant to preserve the peace and prevent riots in said city; that in violation of such duty, the defendant “ suffered and permitted to assemble in the streets of said city, and near to and around the…

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Civil Action. Reserved in the district court of Cuyahoga county. The petition of the plaintiff states that it is a medical college located in Cleveland, and had a building adapted for its purposes, in that city, and was in successful operation ; that it was the duty of the defendant to preserve the peace and prevent riots in said city; that in violation of such duty, the defendant “ suffered and permitted to assemble in the streets of said city, and near to and around the college building of the plaintiff, a large number of evil-disposed persons, and suffered and permitted said persons so…

1Opinion of the CourtGtHOLSON, J.

It is the duty of the state government to secure to the citizens of the state the peaceful enjoyment of their property and its protection from wrongful and violent acts. Eor the proper discharge of this duty, power is delegated in different modes. One of these is the establishment of municipal corporations. Powers and privileges are also conferred upon municipal corporations, to be exercised for the benefit of the individuals of whom such corporations are composed; and in connection with these powers and privileges, duties are sometimes specifically imposed. It is obvious that there is a…

2Cases cited2 opinions

  1. Howe v. City of New OrleansSupreme Court of Louisiana · 1857
  2. Commissioners of Brown County v. ButtOhio Supreme Court · 1826

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