Mayor & Council of Wilmington v. Vandegrift

Citations

• 15 Del. 5

Syllabus

<p>WRIT OF ERROR OF THE SUPERIOR COURT OF NEW CASTLE CO.</p> <p>Municipal Court. Jurisdiction. Nuisance.—The municipal court oí the city of Wilmington has jurisdiction of public nuisances.</p> <p>Same.—Coasting or sledding on the public street of a city in such a manner as to endanger the safety of persons walking lawfully thereon, is a public nuisance indictable at common law, and unlawful independently of any city ordinance, and within the jurisdiction of the municipal court.</p> <p>Municipal Corporation. Ordinances unnecessary, when.—In a municipal corporation it is not necessary to define and forbid acts which are offenses at common law, and therefore the failure to legislate on such subjects is not a neglect of duty in that respect.</p> <p>Same.—The duty of the police officers of a city to prevent the commission of crimes is a public duty, as distinguished from a strictly corporate duty, and for failure in the performance of the former the municipality is not liable.</p> <p>Municipal Corporation. Demurrer. Statutes. Ordinances.—In an action against a municipal corporation to recover damages for injuries received while walking along a street by reason of the alleged wilful negligence of the city in permitting obstructions amounting to a nuisance, notwithstanding the allegation of actionable neligence and the admission made by the demurrer, the municipal charter and ordinances enacted in pursuance thereof are as much the subjects of legitimate inquiry as if literally incorporated in the proceedings.</p> <p>Same.—The averment that the accident complained of was the result of a wilful disregard of a corporate duty is more in the nature of a conclusion of law than a bare statement of fact; and consequently a demurrant is concluded by the admission made by the demurrer, only so far as such averment is sustained or supported by the law of its being, and the principles which underlie the duties and liabilities of municipal corporations.</p>