Municipal Home Rule; A Study In Administration by Frank Johnson GoodnowMunicipal Home Rule; A Study In Administration by Frank Johnson Goodnow

Municipal Home Rule; A Study In Administration

byFrank Johnson Goodnow

Paperback | July 9, 2012

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...for public works which is reasonably safe. In the case of Gould v. The City of Topeka,3 the 1 101 N. Y. 136; 54 American Reports, 664. 2 See also Jones, Negligence of Municipal Corporations, p. 270, note. 3 32 Kansas, 485; 49 American Reports, 496. court says: " After a careful consideration of this entire question, we have come to the conclusion that where a street, as planned or ordered by the governing board of the city, is so manifestly dangerous that a court upon the facts says, as a matter of law, that it was dangerous and unsafe... the city should be held liable." The same rule is applied in the case of Hitchins v. Frost-burg.1 In the decision of this case the court says: " Any particular plan that may be adopted must be a reasonable one, and the manner of its execution thence becomes, with respect to the right of the citizens, a mere ministerial duty." In all cases, however, where a city has entered upon the execution of a plan of municipal improvements, it is liable for negligence, both in the execution of such a plan and in the maintenance of the completed improvements in proper and safe condition.2 This liability practically results from the application of the rule that it is liable for the performance of its duty to keep property under its control in a safe condition. This subject is treated in detail later on. In the second place, a city is not regarded as acting in its municipal or private capacity in the performance of its police duties. It is therefore not responsible for the acts or omissions of policemen. For these officers are officers of the government rather than of the municipal corporation. A good statement of the rule is found in the case of Buttrick v. The City of Lowell.1 In this case, two police officers of the city of...
Title:Municipal Home Rule; A Study In AdministrationFormat:PaperbackDimensions:62 pages, 9.69 × 7.44 × 0.13 inPublished:July 9, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:021723853X

ISBN - 13:9780217238533

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