Rhodes v. City of Cleveland
Ohio Supreme Court
This is a writ of error to the common pleas of the county of Cuyahoga. *The suit in the court below was an action on the case, for [160 cutting ditches and water-courses in such’ a manner as to cause the water to overflow and wash away the plaintiff’s land. At the trial, the court charged the jury : That the plaintiff could not sustain his action, unless he showed them, either that the city acted illegally, or if within the scope of authority, that they acted maliciously.
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This is a writ of error to the common pleas of the county of Cuyahoga. *The suit in the court below was an action on the case, for [160 cutting ditches and water-courses in such’ a manner as to cause the water to overflow and wash away the plaintiff’s land. At the trial, the court charged the jury : That the plaintiff could not sustain his action, unless he showed them, either that the city acted illegally, or if within the scope of authority, that they acted maliciously. Under this charge, the jury found for the defendants, and a judgment was entered against the plaintiff, to reverse which,…
1Opinion of the CourtLane, C. J.
The question arising from the record is, whether a corporation is liable to repair damages, for a consequential injury, arising from the exercise of its ordinary powers.
In the elder cases, while courts were hampered by the notion that corporate acts were to be performed undor the authority of their seals, no suits like the present were held to be maintainable, but the agents only were regarded as responsible to persons injured. Since the great increase of corporations, and since so much *161of the business of the world is transacted through their agency, it becomes necessary that courts should…
2Cited by47 opinions
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Speer v. Mayor of AthensSupreme Court of Georgia · 1890
- Chicago, Rock Island & Pacific Railway Co. v. City of CentervilleSupreme Court of Iowa · 1915
- Northern Pacific Railway Co. v. City of SeattleWashington Supreme Court · 1907
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
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