Bryant v. City of St. Paul
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Ramsey county, Simons, J., presiding, sustaining a demurrer to the complaint. While, as a qualification of municipal liablity, it is now settled that a municipal corporation is not liable for damages arising from its exercise of powers and duties of a judicial or legislative character, (2 Dillon on Mun.
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Appeal by plaintiff from an order of the district court for Ramsey county, Simons, J., presiding, sustaining a demurrer to the complaint. While, as a qualification of municipal liablity, it is now settled that a municipal corporation is not liable for damages arising from its exercise of powers and duties of a judicial or legislative character, (2 Dillon on Mun. Corp. §§ 949, 951; Mills v. City of Brooklyn, 32 N. T. 489; McClure v. City of Red Wing, 28 Minn. 186,) yet, when a municipal corporation has exercised a judicial or legislative power, and undertakes the ministerial performance of the…
1Opinion of the CourtVanderburgh, J.
The plaintiff in this action seeks to charge the defendant for the misfeasance or negligence of the board of health or its agents in leaving a vault upon private premises exposed and open after removing its contents, in consequence of which plaintiff, ⅝ without fault on her part, fell into the vault and was injured.
By the charter of the city the board of health is constituted a separate body, composed of the city engineer, city physician or health officer, and four members of the city council appointed by the president of that body. Its powers and duties are specially defined by the *292charter,…
2Cases cited12 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
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3Cited by27 opinions
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Russell v. City of TacomaWashington Supreme Court · 1894
- Snider v. City of St. PaulSupreme Court of Minnesota · 1892
22 more not listed; retrieve them via the Exa API.