*1 55 TERM, Ajlbebmeu oe Boahb or Chablotte. attention do than call case to more unnecessary deem and C. 309, 68 N. Young, Rep., Young v. there cited. Court is affirmed. the Superior affirmed.
Per Curiam. OF OF THE BOARD ALDERMEN CITY H. HILL v. CHAR D.
LOTTE. to an action for damages, is not liable municipal corporation -which, in good faith, manner for non-exercise of a discretionary powers character. exercises 73, cited appro ved.) Ired. Wilmington, v. Commissioners {Meares tried before Honor, damage, Civil Fall Term, Schenek, complaint Mecklenburg county. Court of Superior demurred to complaint The defendants the demurrer. Honor overruled From on the hearing, defendants appealed. this judgment raised and decided in the facts pertinent points All of Justice Rodman. in the opinion stated court, Johnson, for appellants. Jones Son and contra. Brown, Wilson & that the defendant J. The complaint alleges Rodman, all ordinances, to make rules and authorized reg- ulations in said not inconsistent and persons
property and to States, penal- of the United of the State or laws laws or or infringement for the breaking ties oj? Board Aldermen cot Charlotte. by them established.” That in of this authority pursnance authorities of the adopted *2 prohibited all or or persons exploding firing guns pistols, any or fire squibs within the limits of the under crackers city, a of penalty five dollars for each also offence. prohibited the use or exhibition of limits &c., fire within the of works, the city, without the written of the under mayor, permission a of penalty dollars offence, for each twenty
On 15th of its December, 1873, the defendants disregard duty, &c., the above ordinance passed ordinance suspending from 25th December, to the inclusive. 1st January On the of the a 1st crowd of evening January, boys men collected in a street of a the near city building plaintiff, and crackers, there fire fired off squibs, negligently Roman candles, fire and the said whereby caught building was burned, to the &c. The defen- damage dants demurred.
We clearer, conceive that can be than that a when nothing is to a to be general authority given municipal officers, exercised its to ordi- make through proper legislative nances for the of the in- safety and their it is habitants left property, thereby entirely discretion of those to determine what authorities, for those a Such charter proper purposes. powers,, gives and in a sense moral for in that sense there can duties, imposes no for the benefit of others, be be used that does not power it a moral it to use to the best of carry the obligation ability, is purpose grantee’s But it does not distinct and such du- impose specific given. a ties as to enable court to that given case, any If a have not been court should undertake to performed. say, this reason of of that was the by general grant power, authorities of Charlotte, of retain in municipal the use of fire force, crackers, prohibiting was liable to any reason city person damaged by there, is n.o omission, why such reason court should 1875. TEEM, Boakd of Alkeemen of Ohablotte. v, liable case where city adjudge in the omitted to ordinance, which, other court would government proper their the health or inhabitants, itself would this, to do property. arrogate assuming be and it cannot power city an usur- will possible guilty supposed pation. statute, a or other charter
Undoubtedly imperatively of such defined on well impose municipal corporation, entitled that a character, person neglect'frill the statute does not directly damages, although streets As to keep empowered liability. w^iere Mears Cooley Lim., and side-walks Const. repair. . *3 9 Ire. 73 Commissioners Wilmington, left to the discretion in this it was case, But evidently time, what ordinances to determine from time to wise or in view. have been for the ends may were proper and wise or not to cited, the ordinance suspend not, have ordinances, not; others cities Some operation. is tolerated on most, in of crackers firing probably not, is not whether wise or question But holidays. to determine. the au- have stated is sustained we amply principle in his work on Municipal Corpora-
thorities. DilloN review thus states conclusion sec. tions, eases. “ is not liable to action for A municipal in or for the manner the non-exereise damages faith, exercises discretionary powers pub- which character.” lic or legislative 1Y., Denio, 595, v. of N. the Mayor, In Wilson in officeis more for misconduct The civil remedy :
court the nature of exclusively upon depends restricted that is certain and absolute, violated. Where has Board or Aldermen or Charlotte. ministerial imperative is so—the delinquent —and officer is full redress,” bound make &c. “ But when the to have been duty alleged violated is purely a different rule judicial, prevails, And although in strictness officer still if Judge, powers exerted or withheld discretionary, to his own according view of what is are in their nature necessary proper, and he is from udicial, all j exempt responsibility by for the motives which him, influence and the manner which such duties are peformed.” In Milwaukie, Wis. Kelly City appeared its charter to power by swine, prevent at and had ordinance running large, neglected pursuance power. hog running large entered the
streets, premises some he for which clothes, brought action. The sensible one, very for the de judgment fendant.
There is error in the below the de- overruling murrer.
Pee Cubiam. reversed and sustained.