Howard v. City & County of San Francisco

California Supreme Court

Howard v. City & County of San Francisco

51 Cal. 52

California Supreme Court·Decided July 1, 1875·No. No. 3838·Published·Cited by 20 cases

Opinion

By the Court:

1. At common law, and in the absence of statutory provisions, the defendant, as being a municipal corporation, would not be liable for the negligence complained of in this action.

2. And we are of opinion that the provisions of the statute, under which the fire department of the city and county of San Francisco is organized and controlled, do not create a liability upon' the part of the city for acts of negligence committed by the officers or men of the department.

Judgment and order denying a new trial reversed and cause remanded.

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By the Court:

1. At common law, and in the absence of statutory provisions, the defendant, as being a municipal corporation, would not be liable for the negligence complained of in this action.

2. And we are of opinion that the provisions of the statute, under which the fire department of the city and county of San Francisco is organized and controlled, do not create a liability upon' the part of the city for acts of negligence committed by the officers or men of the department.

Judgment and order denying a new trial reversed and cause remanded.

Howard v. City & County of San Francisco, 51 Cal. 52 (Cal. 1875).

Pincite

51 Cal. 52 (Howard v. City & County of San Francisco) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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