Wells Fargo & Co. v. Mayor of Jersey City

Citations

• 207 F. 871
• 1913 U.S. Dist. LEXIS 1363

Syllabus

<p>1. Statutes (§ 208*)—Rules of Construction.</p> <p>Absurd or unjust results will never be ascribed to tbe Legislature, and it will not be presumed to liave used inconsistent provisions as to tlie same subject in tbe immediate context.</p> <p>[Ed. Note.—For other cases, see Statutes, Cent. Dig. § 285; Dec. Dig. § 208.*]</p> <p>2. Counties (§ 148*)—Municipal Corporations (§ 740*)—Liability for Injury by Rioters—Construction of Statute.</p> <p>Under Revision N. J. 1877, p. 998 (4 Comp. St. N. J. 1910, p. 4380), section 5 of “An act to prevent routs, riots and tumultuous assemblies,” which provides that, “whenever any buildings or other real or personal property shall be destroyed or injured, in consequence of any mob or riot, the city in which the same shall occur, or if not in a city, then the county in which such property was situated, shall be liable to an action by or on behalf of the party whose property was thus destroyed or injured, for the damages sustained by reason thereof,” the physical situs of the property destroyed or injured, and not the place where the mob originated or operated, fixes the liability of the city or county.</p> <p>[Ed. Note.—For other eases, see Counties, Cent. Dig. § 233; Dec. Dig. § 148;* Municipal Corporations, Cent. Dig. §§ 3558, 1559; Dec. Dig. § 740.*]</p> <p>3. Counties (§ 148*)—Municipal Corporations (§ 740*)—Liability for Injury by Rioters—Construction of Statute—“Property.”</p> <p>Such act imposes a new liability on cities and comities, not recognized at the common law, and falls in the class requiring a strict construction; and under such rule the “property” for injury to which a right of action is given is limited to tangible property, and the liability does not extend to injury to a business.</p> <p>[Ed. Note.-—For other cases, see Counties, Cent. Dig. § 213; Dec. Dig. § 148;* Municipal Corporations, Cent. Dig. §§ 1558, 1559; Dec. Dig. § 740.*]</p> <p>4. Property (§ 1*)—Definition.</p> <p>The word “property,” literally tak