Commentaries On the Law of Municipal Corporations volume 2

Cover Commentaries On the Law of Municipal Corporations volume 2
Commentaries On the Law of Municipal Corporations volume 2
Dillon, John Forrest, 1831-1914
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The same principle was applied to an act providing that the city council should cause certain docks to be built for the benefit of individuals at the ex- panse of the city, but such expense to be assessed upon the property, it was held tliat duty was a state and not corporate duty, and that tlie city was not liable in a private action for damages. New York, etc. County v. Brooklyn, 71 N. Y. 580, 1877, where the general principles relat- ing to the subject are stated by Church, C. J. On the poin...t discussed in the text, § 074. ] CIVIL ACTIONS AND LIABILITIES.
979 necessary, in order to make a municipal corporation impliedly lia- ble on the maxim of respoiideat superior for the wrongful act or neglect of an officer, that it be shown that the officer was its officer, either generally or as respects tlie particular wrong com- plained of, and not an independent public officer ; and, also, that the wrong was done by such officer while in the legitimate exer- cise of some duty of a corporate nature which was devolved on him by law or by the direction or autliority of the corporation.^ tlie case of Barnes v.


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