Wheeler v. City of Plymouth
| Decision Date | 16 November 1888 |
| Citation | 116 Ind. 158,18 N.E. 532 |
| Parties | Wheeler v. City of Plymouth. |
| Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Marshall county; Isaiah Conner, Judge.
Action by Edward R. Wheeler against the city of Plymouth for damages occasioned to his premises by the firing of gunpowder. Judgment for defendant, and plaintiff appeals.
Samuel Parker, for appellant. A. C. Capron, for appellee.
The city of Plymouth had in force, on the 4th day of July, 1885, and for a long time prior to that day, an ordinance prohibiting the firing of gunpowder, or any other explosive substance; except in cases where the mayor, on occasions of public rejoicing, granted provisions to fire guns, cannons, or other things in which gunpowder could be used. On the day named the mayor did grant permission to fire gunpowder in an anvil on a lot in the city near where there was sand, gravel, and other things of like character. In firing the anvil, pebbles and gravel were thrown against the plate-glass doors of the appellant's building, shattering and breaking them. For the loss thus caused him he brings this action. The action cannot be maintained. A municipal corporation is not liable for a negligent failure to enforce an ordinance, nor is it liable for omitting to enact ordinances. City v. Timberlake, 88 Ind. 330, and authorities cited; Dooley v. Town of Sullivan, 112 Ind. 451, 14 N. E. Rep. 566; McDade v. Chester City, 117 Pa. St. 414, 12 Atl. Rep. 421. There is no actionable breach of corporate duty in failing to enact a proper ordinance, or in failing to enforce one that has been enacted; and consequently this action cannot be maintained upon the theory that there was not a proper ordinance, nor upon the theory that the ordinance was not enforced. The act of the mayor in granting permission to fire the anvil did not create a liability against the city. The utmost that can be granted is that the act of the mayor constituted the wrong-doers the licensees of the corporation; and, granting this,-but by no means so deciding,-the city is not liable for their acts, because it is not shown that it was intrinsically dangerous. It is quite well settled that a municipal corporation is not liable for the acts of its licensees, unless it is shown that they were authorized to perform an act dangerous in itself. City of Warsaw v. Dunlap, 112 Ind. 576-580, 11 N. E. Rep. 623, 14 N. E. Rep. 568; Dooley v. Town, supra;Ryan v. Curran, 64 Ind. 345. Here there is...
To continue reading
Request your trial
-
Moore v. City of Bloomington
...in the reasonable enjoyment of the use of adjacent property.” Appellee cites and relies upon the case of Wheeler v. City of Plymouth, 116 Ind. 158, 18 N. E. 532, 9 Am. St. Rep. 837. From the facts in that case it appears that the mayor of said city had granted permission to certain persons ......
-
Moore v. City of Bloomington
... ... liable to a person who sustained damage by reason of his ... horse taking fright at the animals so exhibited. In the case ... of Wheeler v. City of Fort Dodge (1906), ... 131 Iowa 566, 108 N.W. 1057, 9 L.R.A. (N. S.) 146, the ... supreme court of Iowa held that a wire stretched ... adjacent property." ... Appellee ... cites and relies on the case of Wheeler v. City ... of Plymouth (1888), 116 Ind. 158, 18 N.E. 532, 9 Am. St ... 837. From the facts in that case it appears that the mayor of ... said city had granted permission ... ...
-
Schnurr v. Board of Commissioners of Huntington County
... ... construct a sewer from the court-house, to connect with a ... sewer of the city of Huntington, with the [22 Ind.App. 189] ... city's consent, and employed an irresponsible and ... does not show that the act authorized by the city was ... intrinsically dangerous. Wheeler v. City of ... Plymouth, 116 Ind. 158, 18 N.E. 532; City of ... Warsaw v. Dunlap, 112 Ind. 576, ... ...
-
Schnurr v. Bd. of Com'rs of Huntington Cnty.
...no control whatever. The complaint does not show that the act authorized by the city was intrinsically dangerous. Wheeler v. City of Plymouth, 116 Ind. 158, 18 N. E. 532;City of Warsaw v. Dunlap, 112 Ind. 576, 11 N. E. 623, and 14 N. E. 568. The demurrer of the individual members of the boa......