27 Barb. 218 | N.Y. Sup. Ct. | 1858
The legislature, on the 10th of April, 1855, passed an act revising and amending the act of 1837, incorporating the village of Medina. The trustees of the village, among other powers, are authorized to pro
After examining the cases cited by the plaintiff’s counsel, I remain of the same opinion as at the circuit, viz: that the plaintiff cannot recover. The village of Medina is a municipal corporation. Its powers are mainly exercised by a board of trustees, upon whom the statute confers certain specific powers. Most of these powers are, in their nature, discretionary and legislative. The trustees have power to make and establish by-laws, to prevent and suppress vice and immorality, &c. They have power .to provide for and open streets, &c.. and to compel the owners of lots and grounds to construct sidewalks in front thereof, and keep the same in repair.
The inhabitants and taxpayers are content that trustees elected hy them should have certain discretionary powers over them, relating to streets, sidewalks and a great variety of other matters. But it would be a great revolution, to change these numerous discretionary judicial powers into absolute ministerial duties, so as to render the corporation liable in an action for damages arising from any neglect to perform the specified work or act.
This case has no analogy to the case of The Mayor &c.
Grover, Marvin and Davis, Justices.]
The judgment should be affirmed.