[Download] "Goodrich v. the City" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Goodrich v. the City
- Author : United States Supreme Court
- Release Date : January 01, 1866
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Messrs. Goodwin, Larned, and Goodwin, for the appellants, owners of the steamer: There is no ground of liability set forth in any count in the declaration in the State court case, but that of 'the omission of the city to take action for the removal of the wreck.' The case made by the declaration proceeds upon an absolute obligation on the part of the city to remove all obstructions, growing out of the power conferred, and the ordinances establishing the proper officers and providing the needful means for the exercise of that power; and the ground of action is rested wholly upon the omission of the city to exercise the power in the given case. There is no averment in the declaration, as there is pre-eminently in the libel, that the city ever undertook or assumed to remove the wreck, or entered upon the work of such removal; but, on the contrary, the declaration excludes the idea of such assumption of responsibility or undertaking on the part of the city by its positive allegation that the city neglected and refused to take any such action, but permitted the wreck to remain, and would not undertake its removal.