Justus R. Fortune v. City of Tallahassee

Justus R. Fortune v. City of Tallahassee

Lower Court

  • Leon County


  • 1849


  • 473


  • 854


So to remain on the aforesaid 3[rd] day of October, and for a long time, before that time, and omitted contrary to the legal duty of said corporations to fill up and repair the said ditch gully or chasm, whereby the said mare of the plaintiff, then and there passing by, along and over the said street, full into the said ditch gully or chasm and thereby because so much injured and bruised, that she died of the injuries and bruises, occasioned by her fall a aforesaid. To which declaration that defendant by it, attorney, filed against demurrer. Which demurrer was overruled by the Court, and on enquiry of damages awarded to the plaintiff. Whereupon the defendant appealed to the Court and assign as grounds for its appeal the following To wit

1[st] Trespass does not lie against a municipal corps ration. 2[nd] If the action lies, the declaration in this case -- shows, that the injury resulted from the negligence of the Plaintiff.

The first ground assigned will now be considered To wit Whether trespass lies against a municipal corporation, and it was urged in argument that actions for torts can only be maintained against money corporation.

To understand the force of this objection it may be necessary to look at the borders of the City of Tallahassee, as conferred by the act entitled "An act to incorporate to City of Tallahassee" approved 2[nd] of March 1840. This is appropriate act of legislature, was referred to by both counsel in the