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8285. Right of entry.

414

412

412

1897, chap. 88, p. 369. Appropriation for Trans-Mississippi & International Exposition. . .

Compiled Statutes.

8295. Recovery of possession of premises 414 Chap. 2, art. 1. § 3. Appropriation to state 8299. Recovery of possession of prem

ises. 414 8308. Issuance of writ of restitution.... 414

Minnesota.

Statutes.

1889, April 22, chap. 236.

Securities of building and loan association... 565 1891, chap. 381. Improvement of navigation of Lake Minnetonka.....

General Statutes, 1894.

§ 2860. Securities of building and loan association

board of agriculture.

2, art. 1. § 12. County agricultural societies.

515

515

2,art. 1, § 10. Appropriation to state horticultural society.

515

515

2, art. 1. § 16. Appropriation for fitting up fair grounds.

515

18, art. 1. § 27. Submission of questions to vote of electors of county.

516

18, art. 1. § 30.

Submission of ques

78

tions to vote of electors of county.

516

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Missouri.

Constitution.

Art. 2, § 11. Security from unreasonable searches and seizures.

Revised Statutes, 1855,

Chap. 32, p. 355, § 5. Conveyances to heirs of life tenant..

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Revised Statutes, 1889.

New York.
Statutes.

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170 1881, chap. 361, § 3. Taxation of corporations. 1889, chap. 488. Standard fire insurance 169 policy to be used. 820 1892, chap. 686, § 2. County law. 820 690, § 121. Standard fire insurance policy to be used. Louis; abatement of nuisances.. 557 1895, chap. 954. Consolidation of Kings county and Brooklyn city. Revised Statutes.

238

436

40, 51

436

51

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Rights of adopted child 750 Pt. 1, art. 1, tit. 1, chap. 11, 12. Corporate powers of counties and towns.. Endow2, chap. 1, tit. 3, § 1 (4th ed.)

Montana.

Constitution.

ment of widow.

Vol. 2, p. 355, § 25. Set-offs in suits by executors and administrators.....

53

397

68

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Art. 487. Power of cities to levy taxes.... 259 Sanborn & Berryman's Annotated Statutes.

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1. A county is not liable for injuries re-
ceived by an employee from a defective
machine in an asylum which was maintained by
the county in discharge of its duty as a political
division of the state to care for its insane.
2. The maintenance of a county asylum
NOTE.-Liabilities of counties in actions for torts
and negligence.

I. Injuries to travelers and vehicles.

does not become a private business such that the county is liable for injuries received by employees, by reason of the fact that some revenue is incidentally derived by the county from the sale of surplus farm products and from payments made by those liable for the support of insane persons kept in the asylum.

(October 8, 1895.)

APPEAL by plaintiff from an order of the

General Term of the Supreme Court, Fifth

| a voluntary corporation; that it is a subordinate political division of a state; that its action is legislative; that neither the state nor its counties could

a. By bridges and approaches being out of be sued for trespass of its officers; that counties

repair.

1. Implied liability.

2. Where statute imposes liability.

b. From defective roads and highways.

c. Where the injury was caused by the fright
of a horse.

d. By negligence of employee.

II. Injuries to other persons.

a. From condition of buildings.

1. Generally.

2. On account of escape from prison.

are instrumentalities of government; that counties partake of the immunities of states; that they should not be liable on the ground of ancient precedent and public policy.

The cases which hold that there is an implied liability against a county maintain this on various grounds, some of which are as follows: Electing to act under a power granted imposes a duty rendering it liable; there is a liability for acts done in the discharge of a self-imposed duty not enjoined by law; compensation must be made for taking prop

b. By negligence or wrongful act of em-erty without compensation; where the statute ployee.

IIL Injuries to real property from public improve

ments.

a. Generally.

creates a duty to repair the liability is the same as that of a city.

The leading case on this question is Russell v. Devon County, 2 T. R. 661, which has been made

b. By construction and operation of bridges. more or less the foundation of all the cases denyc. By roads.

d. By ditches, canals, and dams.

e. By buildings.

ing a liability, although it can hardly be said that the counties in this country at the present time stand on the same footing as quasi corporations in

IV. Other wrongful and negligent acts affecting England in 1789.

persons or property.

a. Generally.

b. Affecting property.

V. Infringement of patents.

VI. Damages by defaulting officer.

I. Injuries to travelers and vehicles.

a. By bridges and approaches being out of repair. 1. Implied liability.

In JASPER COUNTY COMRS. v. ALLMAN it was

VII. By misapplication, conversion, or taking prop-held that, under Ind. Rev. Stat. 1881, § 2887, Rev.

erty.

Stat. 1894, § 3277 (§ 3), providing that the board of

VIII. Presentation of claims before county board as county commissioners shall receive and appro

a condition precedent to suit.

IX. Summary.

priate donations for the erection and repair of bridges and aid the same when of general importance, providing, however, that if the board of commissioners shall not deem any such bridge of sufficient importance to make an appropriation from the county treasury for the erection or repairs thereof, the trustees of any township may appro

With but few exceptions counties are not liable for torts or negligence in the condition, use, and management of public institutions. The cases frequently admit that the distinction between liabilities of counties and cities is one without a dif-priate any part of the road-tax fund for that purference, but nevertheless adhere to the rule. The reasons in the several cases endeavoring to apply or evolve the principle are various, among which are the following: That there is no corporation fund out of which satisfaction could be made; that it is better that an individual should sustain an injury than that the public should sustain an inconvenience; that it is not a body corporate; that it is

pose if they deem it right and expedient, the board of commissioners have no power to appropriate county funds to the repair of a bridge unless they deem it of sufficient importance, and therefore the county was not liable for injuries caused to a traveler by a defective approach to a bridge. It was further held that the board could only cause bridges to be repaired when the road district was

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