McDade v. City of Chester

Citations

• 117 Pa. 414
• 12 A. 421
• 1888 Pa. LEXIS 434

Syllabus

<p>1. AVhile it is true that, when a power is given to do an act which concerns the public inter’est, the exercise of the power when conferred upon a public officer or body may be insisted upon as a duty though the language of the statute be permissive only, yet when the power is lodged with persons exercising or to exercise legislative or judicial functions, and the subject matter of the statute and its language concur in showing that the authority is discretionary, no absolute duty is imposed.</p> <p>2. A municipal corporation having legislative authority to limit or to prohibit altogether the manufacture, sale, or exposure of fire-works within the corporate limits, the subject-matter having been expressly committed to the judgment and discretion of the council, no person may demand the exercise of the power in any particular way or to any greater extent than the corporate authorities in the exercise of their discretion may provide.</p> <p>3. The plaintiff while assisting in the extinguishment of a fire in a manufactory of fire-works situated in an incorporated municipality possessing the power to limit or prohibit the manufacture, sale, or exposure of fire-works within the corporate limits, was severely injured. In an action brought against the municipality to recover damages on the ground of a failure to exercise such power, held that the defendant was not liable.</p>