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Page 5528 - happening of an accident causing injury is evidence of negligence whenever the thing causing the injury is under the control of defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care.
Page 5419 - powers intended for the private advantage and benefit of the locality and its inhabitants, there seems to be no sufficient reason why they should be relieved from that liability to suit and measure of actual damage to which an individual or private corporation exercising the same powers for purposes essentially private would be liable;
Page 5498 - no private interest and from which it derives no special benefit or advantage in Its corporate capacity, such officer cannot be regarded as a servant or agent of the municipality, for whose negligence or want of skill it can be held liable.
Page 5520 - on the theory that the duty in regard to preventing sickness or caring for sick people is strictly a governmental or public function. Accordingly a municipal corporation is not liable for the negligence of its officers and employees in conducting a municipal hospital, or in the treatment of patients therein,
Page 5429 - of the State, and is conferred not for the Immediate benefit of the municipality, but as a means to the exercise of the sovereign power for the benefit of all citizens, the corporation Is not liable for non-user, nor for misuser by the public agents.
Page 5557 - no exemption from responsibility where the Injury the Individual has received is a direct injury accomplished by a corporate act which is in the nature of a trespass upon his property. • • « If the corporation send people with picks and spades to cut a street through it (the private
Page 5452 - to, or taking of, private property by the direct act of the city, liability to private action should lie. The right of an individual to the occupation and enjoyment of his premises is exclusive, and the public authorities have no more liberty to trespass upon such property than has a private individual or corporation. The discretion reposed in the
Page 5388 - to the neglect or omission of a town to perform those duties which are imposed upon all towns, without their corporate assent, and exclusively for public purposes; and not to the neglect of those obligations which a town incurs when a special duty is
Page 5530 - A city or town is not liable to a private citizen for an injury caused by any defect or want of repair in a city or town hall or other public building erected and used solely for municipal purposes, or for negligence of Its agents in the management of such buildings. This is because
Page 5504 - the inquiry must be whether the department whose misfeasance or nonfeasance is complained of is a part of the machinery for carrying on the municipal government, and whether it was at the time engaged in the discharge of a duty, or charged with a duty primarily resting upon the municipality.