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>