Peters v. Town of Fergus Falls
Supreme Court of Minnesota
This action being at issue and called for trial in the district court for Otter Tail county, before Collins, J., the defendant moved for judgment on the pleadings. It was admitted, for the purpose of the motion, that defendant is a town organized under Gen. St. 1878, c. 10, with no other or greater powers than those conferred by the general laws of the state upon towns organized under that chapter. Thereupon the motion was granted.
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This action being at issue and called for trial in the district court for Otter Tail county, before Collins, J., the defendant moved for judgment on the pleadings. It was admitted, for the purpose of the motion, that defendant is a town organized under Gen. St. 1878, c. 10, with no other or greater powers than those conferred by the general laws of the state upon towns organized under that chapter. Thereupon the motion was granted. The plaintiff appeals from an order refusing a new trial. The complaint alleges plaintiff’s ownership of a farm upon which was a large slough, bordering on a…
1Opinion of the CourtGileillan, C. J.
In Woodruff v. Town of Glendale, 23 Minn. 537, it was decided that, in the matter of opening and working highways, the acts of the supervisors are the acts of the town, for which it is liable. This is to be understood, however, to refer only to acts of the supervisors within the general scope of the powers and duties of the town, which are cast on the supervisors to perform, and not to acts of theirs done merely colore officii, without the scope of such powers and duties, and which, the town having no authority to do, the super*551visors have no authority to do in its behalf. Thus, if the…
2Cases cited5 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- Altnow v. Town of SibleySupreme Court of Minnesota · 1883
- Haynes v. Town of BurlingtonSupreme Court of Vermont · 1865
- Woodruff v. Town of GlendaleSupreme Court of Minnesota · 1877
3Cited by17 opinions
- Charles Bank v. Brainerd School DistrictSupreme Court of Minnesota · 1892
- Tholkes v. DecockSupreme Court of Minnesota · 1914
- Oftelie v. Town of HammondSupreme Court of Minnesota · 1899
- Westerson v. StateSupreme Court of Minnesota · 1940
- Johnson v. County of SteeleSupreme Court of Minnesota · 1953
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