Culver v. City of Streator

Citations

• 130 Ill. 238
• 6 L.R.A. 270

Syllabus

<p>1. Police power—of municipal corporation—defined. The police power of a municipal corporation may be defined, in general terms, as. comprehending the making and enforcement of all such laws, ordinances and regulations as pertain to the comfort, safety, health, convenience, good order and welfare of the public; and all persons officially charged with the execution and enforcement of such police ordinances and regulations are, quoad hoc, police officers.</p> <p>2. Respondeat superior—os applied to municipal corporations—os-respects the acts or negligence of their officers. Police officers appointed or employed by a city are not its agents or servants so as to render the city responsible for their unlawful or negligent acts in the discharge of their duties, or in executing or enforcing police ordinances and regulations.</p> <p>3. An incorporated city is not responsible to a person who receives a personal injury from one of its officers or agents in enforcing an ordinance prohibiting the running at large of unlicensed and unmuzzled dogs, as, where, in attempting to kill a dog, through negligence and carelessness the officer shoots and wounds such person.</p> <p>4. Whether a person is a servant or employe of a municipal corporation in such sense as calls for the application of the rule respondeat superior, depends mainly upon whether he was employed to perform acts which the corporation could do in its private or corporate character, or acts which the corporation was empowered to do in its public capacity as a governing agency, and in discharge of duties imposed for the public or general welfare. Acts performed in the exercise of the police power belong to the latter class, and the rule does not apply»</p>