Howard v. City & County of San Francisco
Synopsis
Liability op Municipal Corporation.—At common law, and in the absence of statutory provisions, a municipal corporation is not liable for damages sustained by the negligence or the persons acting in its fire department.
Liability op San Francisco.—The provisions of the statute under which the fire department of San Francisco is organized, do not create a liability on the part of the city for acts of negligence committed by the members of its fire department while engaged in duties pertaining to the department.
By the Court: 1. At common law, and in the absence of statutory provisions, the defendant, as being a municipal corporation, would not be liable for the negligence complained of in this action.
2. And we are of opinion that the provisions of the statute, under which the fire department of the city and county of San Francisco is organized and controlled, do not create a liability upon' the part of the city for acts of negligence committed by the officers or men of the department.
Judgment and order denying a new trial reversed and cause remanded.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)