Evarts v. Smucker

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• indicating that whether defendant breached fiduciary duties is a question of fact
• characterizing whether defendant breached his fiduciary duties as a question of fact
• “The applicability of the public duty rule does not depend upon whether the allegations against the municipality may be characterized as nonfeasance or as misfeasance.”
• “words and phrases in a statute must be read in context of the whole statute”
• “[s]ection 737.11 is simply an expression of the general duties of a municipal police department; it does not ‘expressly impose’ liability for failure to carry out those duties”
• citing, inter alia, Gedeon, 190 N.E. 924

Source: CourtListener parenthetical corpus (CC0).