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Jurisprudence

Faculty Scholarship Series

Justice Gray

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Government Liability In Tort, Edwin Borchard Jan 1925

Government Liability In Tort, Edwin Borchard

Faculty Scholarship Series

Probably no function of a municipal corporation is more “governmental" in character than the care of its highways, streets and bridges. In theory, therefore, the city should be immune from responsibility for negligence in such matters; and such was the common law. Precisely the opposite result, however, constitutes the weight of judicial authority in this country, even in the absence of statue, on the commonly advanced ground that the duty of taking care of the public highways is ministerial in character. The conclusion deserves approval, though not necessarily the ground on which it is based. More difficult to support is ...