Horton v. Newell

Decision Date02 January 1892
PartiesHORTON v. NEWELL, City Treasurer.
CourtRhode Island Supreme Court

Exceptions to court of common pleas.

This was an action of trespass on the case, brought by Daniel H. Horton against George W. Newell, city treasurer of the city of Pawtucket, to recover damages for an alleged malicious suit brought by the tax collector of the city against the plaintiff. From a judgment sustaining a demurrer to the declaration plaintiff excepts. Affirmed.

Jacob W. Mathewson, for plaintiff.

Thomas P. Barnefield, City Sol., for defendant.

PER CURIAM. A municipal corporation is not liable for the acts of its officers, unless previously authorized or subsequently ratified by it, or unless done in good faith in pursuance of a general authority to act for the city in the matter to which they relate. Donnelly v. Tripp, 12 R. I. 97, 98. The declaration does not allege that the city of Pawtucket authorized the suit by Newell in his capacity as tax collector, complained of as malicious, or that it has even ratified the bringing of the suit. If it was maliciously brought by Newell, it was not brought in good faith, which is essential to render the city liable as for an act done in pursuance of a general authority to act for it, under the rule stated above. The demurrer was therefore properly sustained. We presume that Newell, in bringing the suit, acted not under authority from the city of Pawtucket, but in pursuance of the statutory authority conferred on him as tax collector by Pub. St. R. I. c. 44, § 26. If so, it is difficult to see how the city of Pawtucket is liable. Exceptions overruled, and judgment of the court of common pleas affirmed, with costs.

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3 cases
  • Doyle v. City of Sandpoint
    • United States
    • Idaho Supreme Court
    • November 21, 1910
    ... ... become the personal act of the individual for which he and ... not the city would be responsible. (Horton v ... Newell, [18 Idaho 660] 17 R.I. 571, 23 A. 910; ... Kansas City v. Lemen, 57 F. 905, 6 C. C. A. 627; 1 ... Smith Modern Law of Munic. Corp., ... ...
  • O'Donnell v. White
    • United States
    • Rhode Island Supreme Court
    • November 7, 1902
    ...authorized, or ratified, or done in good faith pursuant to some general authority given. Donnelly v. Tripp, 12 R. I. 97; Horton v. Newell, 17 R. I. 571, 23 Atl. 910. No such authority is shown. 2. The damage claimed by the plaintiff arose from filling the streets on which his premises abutt......
  • Briggs v. Allen
    • United States
    • Rhode Island Supreme Court
    • April 4, 1902
    ...town in the premises, it clearly follows that the town is not liable therefor. Donnelly v. Tripp, 12 R. I. 97. See, also, Horton v. Newell, 17 R. I. 571, 23 Atl. 910. Had the acts complained of been such as the town council of the town might properly have directed the surveyor of highways t......

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