[DOWNLOAD] "Griffith v. City of Butte Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Griffith v. City of Butte Et Al.
- Author : Supreme Court of Montana
- Release Date : January 17, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Personal Injuries ? Cities and Towns ? Liability for Injuries Through Negligence of Servant. Municipal Corporations ? Functions "Governmental" and "Municipal" ? Definition of Terms. 1. The functions of a municipal corporation (a city) are "governmental" ? those conferred upon it as a local agency of prescribed and limited jurisdiction in administering the affairs of the state and promoting the public welfare generally and "municipal" ? those granted for its special benefit and advantage. Cities and Towns ? Negligence of Servant in Exercise of Municipal Duty ? Liability of City. 2. Where the servants of a city while in the exercise of municipal or corporate duties, as distinguished from governmental duties, cause damage because of their negligence, the city is liable to the same extent as in the case of a private corporation or an individual. Same ? Injury by Street-sprinkler Truck ? Governmental Duty as a Defense ? Answer. 3. Where in an action against a city for injuries sustained by a minor in being run over by one of its sprinkler trucks, the contention is advanced that the city was not liable because the sprinkling of its streets is a governmental function exercised in the preservation of the public health, it must in its answer show that the work in the doing of which the injury was inflicted had reference to the public health. Same ? Street Sprinkling a Municipal Function ? Negligence of Driver of Truck ? City Liable in Damages. 4. Held, in view of statutory provisions relating to the power of cities to provide for the sprinkling, cleaning, etc., of streets, and for the establishment of a board of health, that the sprinkling of streets is more naturally referable to the maintenance of its streets ? a corporate, not a govermental function ? than to the preservation of the public health, and that therefore defendant city was properly held liable for injuries inflicted by the negligence of the driver of a sprinkling truck. - Page 553