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Barbour v. City of Ellsworth

James M. Barbour v. City of Ellsworth

Barbour v. City of Ellsworth, 67 Me. 294 (1876)
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Court
Supreme Judicial Court of Maine · State Highest Courts
Decided
December 22, 1876
Judges
Appleton, Barrows, Dickerson, Peters, Virgin, Walton
Citations
67 Me. 2941876 Me. LEXIS 1
Headnotes
Town. A municipal corporation is not liable for tbe torts of its officers committed under color of tbeir official capacity.
Summary
On report. Case stated thus : The plaintiff came into Ellsworth as a seaman on board of a vessel in which there was a case of small-pox. The municipal officers of Ellsworth caused the plaintiff, together with such sick persons, to be taken from the vessel and carried to a house as a hospital, where the plaintiff became sick with the same disease. The plaintiff contends that he was not suitably and sufficiently cared for during his sickness; by reason of which he suffered exceedingly, and became badly marked from the ravages of the disease. If the defendants would be legally liable to the plaintiff in damages, provided it could be shown that he did not receive such care and attention as he would have received if common care and prudence had been exercised by said officers in taking care of him while confined as aforesaid, then the action may stand for trial; otherwise a nonsuit to be entered.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Dickerson

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Dickerson, J.

This case is not distinguishable in'principle from Mitchell v. Rockland, 52 Maine, 118, and the more recent cases of Brown et ux. v. Einalhaven, 65 Maine, 402, and Lynde v. Rockland, 66 Maine, 309.

It has been held in these and other analogous cases that the relation of master and servant, and principal and agent, does not obtain between municipal corporations and their officers, so as to render the former liable at common law for the torts of the latter committed under color of their official authority; and there is no statute creating such liability in the case at bar. Small v. Dan ville, 51 Maine, 359, 361.

The tortious acts complained of by the plaintiff, if done at all, *295 having been committed by the municipal officers of the defendant town in the course of their employment, and under color of their offical authority, it is not liable therefor. The plaintiff’s remedy, if any he has, is against the individuals who did the damage. Newell v. Ayer, 32 Maine, 334.

Plaintiff nonsuit.

Appleton, C. J., Walton, Barrows, Virgin and Peters, J J., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1882–1883: 11896–1897: 11898–1899: 31902–1903: 21908–1909: 11912–1913: 118822026peak 1898 · 3

Relies on it most ⓘ

  1. Esberg Cigar Co. v. City of Portland43 L.R.A. 435 (Or. 1899)
  2. City of Winona v. Botzet169 F. 321 (8th Cir. 1909)
  3. Nicholson v. City of Detroit56 L.R.A. 601 (Mich. 1902)
  4. City of Denver v. Porter126 F. 288 (8th Cir. 1903)
  5. Kelley v. Cook41 A. 571 (R.I. 1898)
  6. Edgerly v. Concord62 N.H. 8 (1882)

Most recent

  1. Creier v. Fitzwilliam83 A. 128 (N.H. 1912)
  2. City of Winona v. Botzet169 F. 321 (8th Cir. 1909)
  3. City of Denver v. Porter126 F. 288 (8th Cir. 1903)
  4. Nicholson v. City of Detroit56 L.R.A. 601 (Mich. 1902)
  5. West Virginia & P. R. v. Harrison County Court34 S.E. 786 (W. Va. 1899)
  6. Esberg Cigar Co. v. City of Portland43 L.R.A. 435 (Or. 1899)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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