28 Fla. 26 | Fla. | 1891
In September, 1888, appellant, D. S. Forbes, commenced a suit against appellee in the Circuit Court of tne First Judicial Circuit of Florida., for Escambia county. A demurrer was sustained on the 22nd day of October, 1888, to the original declaration filed by planti ff below, and leave given to amend the declaration. On the 5th day of November, 1888, plaintiff below filed the following amended declaration: "D. S. Forbes, by his attorney, R. L. Campbell, sues the Board of Health of Escambia County, a corporation existing under the laws of the State of Florida. For that on the 27th day of August, A. D. 1888, the British bark Tiber, whereof said plaintiff was and is master, did enter the port of Pensacola, in said comity, and State — the port of Cape Town being the last port from which said bark Tiber sailed on the voyage which ended at the port of Pensacola on the day and year above mentioned — and plaintiff avers that although no quarantine had, before the entry of said bark into the said port of Pensacola, nor during the stay of said bark in said port, been declared by said defendant against said port of Cape Town, and although no contagious, infections or pestilential disease existed upon said bark at the time of, or after her coming into the said port of Pensacola, as aforesaid, and although no such disease had occurred or existed upon said bark during her voyage from said port of Cape Town to said
Defendant below demurred to the amended declaration on the ground that “ the same is bad in substance in this, that it fails to set forth any cause of action against defendant.” This demurrer was sustained, and plaintiff below declining to further amend, a final judgment was rendered against him on the 12th day of December, 1888, from which decision an appeal is prosecuted to this court.
The errors assigned here are : 1. In sustaining the appellee’s demurrer to appellant’s amended declaration. 2. In rendering final judgment against appellant upon said demurrer.
The sole question for us to deal with now is the sufficiency of the allegations of appellant’s declaration to state a cause of action against appellee. The Board of Health of Escambia County is a creature of statutory law, and all its duties and powers are derived from this source. Before analyzing the declaration to see if its allegations are sufficient to constitute a cause of action, let us refer to the statutory provisions on the subject of County Boards of Health. The first enact: ment on this subject to which reference need be made is the act of 1879, Chapter 3162, Laws of Florida. This act constitutes the Mayor, Aldermen and City Physi
In Ex parte O’Donovan, 24 Fla., 281, it- was held that “the statute of 1885 (Chapter 3003) providing for the appointment of County Boards of Health, and defining' Iheir powers, does not repeal the act of 1879 (Chapter 8162) providing a uniform system of quarantine in tills State. These statutes are in varí materia, and to be construed together.” It was also held in the case of Ferrari v. The Board of Health of Escambia County, 24 Fla., 390, that these acts are on the same subject and have in view one object and should be construed together as one system.
The question arising under these acts, under what conditions can the County Board of Health of Escambia County detain vessels coming into the port of Pensacola and impose upon them payment of fees for inspection, fumigation and discharge of ballast? All the powers which this board can exercise in this respect must be derived from the statute. This board is a corporate body, the creature of statute, and is incapable of exercising any other powers than those conferred by the act of incorporation, or in any other manner than it authorizes. The act of 1885, however,
Admitting the allegations of this declaration to be true, the defendant had no authority to impose any fees on the Tiber for fumigation or unloading ballast. She was not subject to quarantine, as provided by statute, and the authority given defendant to act in matters of public health, and to make rules and regulations in reference thereto, did not extend the right to collect such fees. When a quarantine has been established, and a vessel entering port is ascertained, by inspection, to be subject to perform quarantine, she
Counsel for appellee further contends that should the court find that the declaration presents a case in which the acts complained of were not authorized by the terms of the law, yet the board only committed an. error of judgment for which it cannot be. held responsible in danmges in an action in tort. 3t will be discovered upon an examination of the declaration that appellant's suit is not to recover back money illegally exacted, but the action is in tort for illegally detaining the vessel and compelling her pay certain charges. Can the defendant, as a County Board of Health, be sued for damages in respect to the matters alleged in the declaration ? The answer to this question, we admit, is not free from difficulty. . The defendant is a body corporate, made so by statute, capable of suing and being sued, contracted and being contracted with, and of acquiring and disposing of property real and personal. A careful examination of the various statutory provisions in reference to the creation, duties and powers of these Corporate boards leaves no room to
In determining the liability of public corporations, a distinction has been drawn between the functions exercised by them as agencies of the State as a part of its governmental machinery for the public benefit, and those denominated strictly corporate powers conferred for the benefit and profit of the corporation. In the sphere of the former powers they are exempt from liability upon the theory that the corporation, to that extent, is performing a part of the functions of the State government and the officers are public officers, but in the latter sphere they arc, held liable as private corporations for the acts of their agents. This distinction is recognized generally by the authorities, although its application in many of the adjusted oases has not been free from confusion. Its application has been made most frequently in suits against municipal corporations. In the case of Hill v. City of Boston, 122 Mass., 344, which was a suit for damages for injuries received by
In the case of Ogg v. City of Lansing, 35 Iowa, 495, suit for damages, was instituted against the city for the negligence of its officers or agents in executing-sanitary regulations adopted to prevent the spread of small-pox. A statute of Iowa provided that the city council shall have power to establish a Board of Health
In the case of Southampton & Itchin Bridge Co. v. Local Board of Health of Southampton, 8 E. & B. (92 Eng. Com. Law), 801, an action for damages was sus tained against the defendant as a corporate body under allegations that “ defendant acting, as such Board of Health, conducted itself so wrongfully, improperly and negligently, and with want of due care in the construction, .management and direction of a certain sewer that by means of the wrongful, improper and negligent conduct of defendant as such Board of Health, great quantities of filth and sewmge matter were poured in and upon certain canals of which plaintiffs were proprietors. The act incorporating the defendant as a local Board of Health authorizes it to construct sewers. It was contended in this case that defendant could not as a Board of Health be held liable in an action for damages. Lord Campbell said that defendant’s liability must be determined by a true interpretation of the statute by which it was created. The decision against the defendant was placed upon the construction of the statute. The act creating the Board of Health provided that no action shall be maintained against the board unless previous notice thereof be given' for one month, and that the defendant may tender amends and plead such tender to the action. This language was held to give a right of action for damages against defendant.
Independent of the provision making County Boards.
The judgment of the court below sustaining the demurrer is affirmed.