Horace Gray

Name: Workman v. New York/Dissent Gray — Dissent
Author: Horace Gray

Summary

“Workman v. New York/Dissent Gray — Dissent”, is a work by Horace Gray. It explores elements such as New York, negligence and the United States.

Quotes from Workman v. New York/Dissent Gray… (Horace Gray)

Horace Gray, Workman v. New York/Dissent Gray…

“ We had supposed it to be well settled, on authority and on principle, that no private suit could be maintained against a municipal corporation for an injury to person or property caused by negligence of members of its fire department while engaged in the performance of their official duties.
How far a municipal corporation may be held liable to a private action for the neglect of itself, or of its officers, in the performance of duties imposed upon it or upon them by law, is a subject upon which, in some of its aspects, there has been much difference of opinion in the courts of this country. ”

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Source: Wikisource

Horace Gray, Workman v. New York/Dissent Gray…

“ When intrusted by the legislature to a municipal corporation, a political division of the state, it is not for the peculiar benefit of that corporation or division, but for its benefit in common with the whole public. A fire department is established in a municipality, not merely for the protection of buildings and property within the municipality itself, but equally for the protection of buildings and property beyond its limits, to which a fire originating within those limits may be in danger of spreading. ”

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Source: Wikisource

Horace Gray, Workman v. New York/Dissent Gray…

“ It is the public good, the general welfare, that justifies the destruction of neighboring buildings to prevent the spreading of a fire which as yet rages in one building only. The duty of protecting, so far as may be, all property within the state against destruction by fire, is a public and governmental duty, which rests upon the government of the state; and it does not cease to be a duty of that character because the state has delegated it to, or permitted it to be performed by, a municipal corporation. ”

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Source: Wikisource

Horace Gray, Workman v. New York/Dissent Gray…

“ In the exercise of the former power, and under the duty to the public which the acceptance and use of the power involves, a municipality is like a private corporation, and is liable for a failure to use its power well, or for an injury caused by using it badly. ”

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Source: Wikisource

Horace Gray, Workman v. New York/Dissent Gray…

“ By the general admiralty law of this country, often declared by this court, a ship, by whomsoever owned or navigated, is liable for an actionable injury resulting from the negligence of her master or crew to another vessel. ”

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Source: Wikisource

Horace Gray, Workman v. New York/Dissent Gray…

“ In support of the position that the action would not lie at common law, this court relied on the ancient rule, as stated by Coke, that 'for the commonwealth a man shall suffer damage; as, for saving of a city or town, a house shall be plucked down if the next be on fire ”

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Source: Wikisource

Horace Gray, Workman v. New York/Dissent Gray…

“ It was of such bodies, that Lord Cranworth, after observing that the fact that the appellants, in whom the docks were vested, did not collect tolls for their own profit, but merely as trustees for the benefit of the public, made no difference in principle in respect to their liability, went on to say: 'It would be a strange distinction to persons coming with their ships to different ports of this country, that in some ports, if they sustain damage by the negligence of those who have the management of the docks, they will be entitled to compensation, and in others they will not ”

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Source: Wikisource

Horace Gray, Workman v. New York/Dissent Gray…

“ Moreover, the necessity and appropriateness of the course and measures to be taken to stay a conflagration must be promptly determined, in the first instance, by those charged with the performance of the duty at the time of the exigency; and often cannot be as accurately judged of long after the fact. ”

Horace Gray

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Quotes from Workman v. New York/Dissent Gray… (Horace Gray)

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