Grube v. City of St. Paul
| Decision Date | 11 January 1886 |
| Citation | 34 Minn. 402,26 N.W. 228 |
| Parties | GRUBE v CITY OF ST. PAUL. |
| Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from an order of the district court of Ramsey county, sustaining demurrer.
This was an action brought in the district court of Ramsey county against the city of St. Paul to recover damages for injuries to plaintiff's horse and sleigh, caused by the negligent driving of a hose-cart by a fireman on one of the principal streets of the city, while responding to an alarm of fire. Defendant demurred to the complaint, and the demurrer was sustained, whereupon plaintiff appealed. Edward H. Ozmun, for appellant, H. W. Grube.
W. P. Murray, for respondent, City of St. Paul.
This case must follow the decision in Bryant v. City of St. Paul, 23 N. W. Rep. 220, in which it was held that the duties of a board of health of a city, established, and its duties prescribed, by an act of the legislature, are not municipal or corporate duties, but are governmental or police functions, and that in the performance of such duties the officers of the board are not servants or agents of the city, within the rule respondeat superior.
There is no distinction in the character, in this respect, of the duties of a board of health and a fire department of a city, provided for, and its powers and duties defined, by act of the legislature. The authorities are practically uniform to the effect that the service required of such a fire department is a public service for the general welfare of the public, and not a municipal or corporate duty, and that, in the absence of a statute imposing such liability on the city, it is not liable for the acts or misconduct of the department. Hafford v. New Bedford, 16 Gray, 297; Jewett v. Hew Haven, 38 Conn. 368; Fisher v. Boston, 104 Mass. 87;Howard v. San Francisco, 51 Cal. 52;Wilcox v. Chicago, 107 Ill. 334;Heller v. Sedalia, 53 Mo. 159;Smith v. Rochester, 76 N. Y. 506;Hayes v. Oshkosh, 33 Wis. 314;Wheeler v. Cincinnati, 19 Ohio St. 19.
The defendant is not liable for the negligent act complained of. Order affirmed.
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Keever v. City of Mankato
... ... maintain an action against it for damages consequent thereon ... Maylone v. City of St. Paul, 40 Minn. 406, and ... Orth v. Village of Belgrade, 87 Minn. 237, followed ... Chris ... Carlson and Dunn & Carlson, for ... 131; ... Claussen v. City of Luverne, supra; City of East Grand ... Forks v. Luck, 97 Minn. 373; Springfield v ... Village, 148 N.Y. 46; Grube v. City of St. Paul, 34 ... Minn. 402 ... In its ... ownership and operation of its waterworks system, the city of ... Mankato ... ...
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City of Winona v. Botzet
... ... Craven, 46 Kan. 114, 26 P. 426), the power to erect, ... maintain, and operate a city hall and courthouse ( Snider ... v. City of St. Paul, 51 Minn. 466, 473, 53 N.W. 763, 18 ... L.R.A. 151), the power through its board of health or other ... agency to protect its inhabitants against ... Ellsworth, 67 Me. 294), the power to maintain and ... operate a fire department to protect its inhabitants against ... conflagrations ( Grube v. City of St. Paul, 34 Minn ... 402, 26 N.W. 228; Miller v. City of Minneapolis, 75 ... Minn. 131, 77 N.W. 788; Smith v. City of Rochester, ... ...
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Robert Workman v. Mayor, Aldermen and Commonalty of the City of New York
... ... App. 320; Alexander v. Vicksburg (1891) 68 Miss. 564, 10 So. 62; Saunders v. Fort Madison (1900; Iowa) 82 N. W. 428; Grube v. St. Paul (1886) 34 Minn. 402, 26 N. W. 228; Gillespie v. Lincoln (1892) 35 Neb. 34, 46, 16 L. R. A. 349, 52 N. W. 811; Lawson v. Seattle ... ...
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