Justus R. Fortune vs. City of Tallahassee

Justus R. Fortune vs. City of Tallahassee

Lower Court

  • Leon County

Date

  • 1849

Box

  • 473

Folder

  • 854

Transcript

That case will lay against a corporation for neglect of a corporate duty, by which the plaintiffs suffers.

The doctrine of this last case appears to be sustained in New York In the case of the People vs Corporation of Albany Act of 543. 11 R. Nelson J. delivering the opinion of the court says "It is well settled that when a corporation, or an individual, are bound to repair a public highway or navigable river they are liable to indictment for that neglect of their duty. An indictment, and an information are the only remedies to which that public can resort, for a redress of their grievances in this respect". "If an individual has suffered a particular injury he may reason his loss by an action or the case." for which position many authorities are there cited The same doctrine is asserted/ Coke on sit 56 a "But the law, for this common measure hath provided against remedy, and that is by presentment in the haste or in the towns any man hath a particular damage, as if he said his horse fall into the ditch, whereby he received hurt and loss, there for this special damage which is not common to others, he shall have an action upon his case; And all this was resolved by the Court in the kings bench. And again in 3[rd] Blackstone 219. The same doctrine is recognized, as well also on the doctrine that a ditch dug across a common highway, is a common nuisance 4 Blackstone 16.7 defines a common nuisance theirs the doing a thing to the annoyance of all the kings subjects, or