Rankin v. Buckman
Citations
- 9 Or. 253
Syllabus
<p>Municipal Corporations.</p> <p>Where the charter of a municipal corporation provided that “ the board of trustees has power and authority,” within the limits of the corporation, “ to construct, repair and clear streets,” and to “ levy and collect taxes,” etc., the duty imposed by the charter upon these officers to keep the streets in repair and safe for the passage of persons and property, is imperative, and not discretionary. “ The words power and authority in such case may be construed, duty and obligation.” Officers — Duties of.</p> <p>What officers are employed to do for others, and which is beneficial to them to have done, the law holds they ought to do, especially if the law supplies them with the means of executing the power.</p> <p>Trustees — Duties and Liabilities.</p> <p>Where the charter oí a municipal corporation provided that “ the city is not liable to any one, for any loss or injury to person or property, growing out of any casualty or accident happening to such person or property, on account of the condition of any street or public ground therein, but that this section does not exonerate any officer of the city, or any other person, from such liability, when such casualty or accident is caused by the wilful neglect of a duty enjoined upon any such officer ”: Held, That the repair of the streets, and the maintaining them in a safe condition for travel, was a duty enjoined upon the defendants, and if this plain duty is wilfully neglected, and any one is injured, they are liable for the damages sustained.</p> <p>Pleading and Practice.</p> <p>Tt is not necessary that the complaint should contain a distinct averment ■ of the possession of the requisite funds to make repairs; prima facie such means exist, and the absence of them must be shown by way of defense.</p>
Judges: Lord
Read full opinion on CourtListenerCited by
15 cases in this archive cite this case.
- Smith v. CooperOregon Supreme Court· 1970-09-18· cited 102×
- Horton v. Oregon Health & Science UniversityOregon Supreme Court· 2016-05-05· cited 82×
- Mattson v. AstoriaOregon Supreme Court· 1901-08-15· cited 69×
- Templeton v. Linn CountyOregon Supreme Court· 1892-04-30· cited 48×
- Batdorff v. Oregon CityOregon Supreme Court· 1909-04-06· cited 42×
- Chase v. United StatesSupreme Court· 1921-04-11· cited 32×
- Colby v. City of PortlandOregon Supreme Court· 1917-07-03· cited 29×
- Morrell v. City of PhoenixArizona Supreme Court· 1915-04-09· cited 24×
- Platt v. NewbergOregon Supreme Court· 1922-03-21· cited 21×
- Caviness v. City of ValeOregon Supreme Court· 1917-12-11· cited 19×
- Johnson v. GibsonOregon Supreme Court· 2016-03-03· cited 17×
- Matsumura v. County of HawaiiHawaii Supreme Court· 1908-04-28· cited 17×
- Wickman v. Housing AuthorityOregon Supreme Court· 1952-08-13· cited 10×
- Balls v. WoodwardU.S. Circuit Court for the District of Oregon· 1892-08-09· cited 1×
- Horton v. OHSUOregon Supreme Court· 2016-05-05
Cites
6 cases in this archive are cited by this case.
- Ball v. State of New YorkNew York Court of Appeals· 1977-04-07· cited 533×
- Hill v. City of BostonMassachusetts Supreme Judicial Court· 1877-03-12· cited 318×
- County Commissioners v. DuckettCourt of Appeals of Maryland· 1864-01-24· cited 84×
- Springfield Milling Co. v. Lane CountyOregon Supreme Court· 1874-12-15· cited 30×
- Garlinghouse v. . JacobsNew York Court of Appeals· 1864-03-05· cited 25×
- Shartle v. City of MinneapolisSupreme Court of Minnesota· 1871-07-15· cited 17×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.