§ 1. Generally. FIRE DEPARTMENT. a. The right to maintain a fire depart ment in a city or town is one of the rights vested in the people of municipalities which is to be exercised without legislative interference, except as the lawmaking body prescribes rules to aid the people of the municipality in exercising such right. State ex rel. Smyth v. Moores, 41 L.R.A. 624, 55 Neb. 480, 76 N. W. 175. b. A statute making a fire department association the recipient of privilege or occupation taxes collected from insurance companies, and imposing on it the duty of disbursing or administering the fund, is not for that reason unconstitutional, when the Phoenix money is applied to public use. Assur. Co. v. Fire Department, 42 L.R.A. 468, 117 Ala. 631, 23 So. 843. § 2. Liability for injuries to firemen. Injury to fireman on running board of street car, see CARRIERS, § 332 n. Liability of charitable institution for injury to fireman in performance of duty, see CHARITIES, § 75. Vested right in, see CONSTITUTIONAL LAW, § 155. Review of determination of fire department relief association as to pensions, see COURTS, § 190 f, g. Injury to member of, by fire insurance Damages for injury to driver of fire wagon 1281 c. injured by electric shock, see ELECTRICITY, 35 c. Injury to member of, by falling into elevator well, see ELEVATORS, §§ 11 b, 14 c. Relevancy of evidence of injury by collision with street car, see EVIDENCE, § 1290 b, c. Liability of railroad company, negligently Injury to fireman by defective street, see Driver of engine as fellow servant of city 4607 Contributory negligence in engaging in oc- Imputing of driver's negligence to fireman Proximate cause of death of fireman due to Contributory negligence of driver of fire engine injured at railroad crossing, see HIGHWAYS, § 223 b; RAILROADS, § 209 d. Injury by collision with street car, see Recovery under Workmen's Compensation a. Keeping a building in a populous city safe for linemen is not a duty of the owner at common law, independent of any statute or ordinance. Woodruff v. Bowen, 22 L.R.A. 198, 136 Ind. 431, 34 N. E. 1113. b. A fireman who goes into or upon a burning building for the purpose of extinguishing the fire acts under a license given by the law, and not by invitation of the owner so as to bring himself within the rule as to the owner's duty to have the building safe for those whom he invites there. Woodruff v. Bowen, 22 L.R.A. 198, 136 Ind. 431, 34 N. E. 1113. § 3. Pensions to firemen. Review by courts of determination of fire as to, Bee men's relief association COURTS, § 190 f, g. Firemen's fund, see FIREMEN'S FUND. Pensions to firemen as wrongful use of public money, see PUBLIC MONEY, § 22 b. Title of statute as to, see STATUTES, § 92 h. a. The creation of a fund by assessments upon fire insurance companies doing business in cities, to pension firemen, violates a constitutional provision limiting the grantEtna F. Ins. Co. v. ing of pensions to those rendering military or naval services. Jones, 13 L.R.A. (N.S.) 1147, 78 S. C. 445, 59 S. E. 148. b. A statutory provision requiring municipalities to pension firemen does not contravene a constitutional provision that the legislature shall never grant any extra compensation to any public officer, agent, servant, or contractor after the services shall have been rendered or the contract entered State ex rel. Haberlan v. Love, 34 into. L.R.A. (N.S.) 607, 89 Neb. 149, 131 N. W. 196. bl. The legislature may require cities to pension superannuated firemen, and to pay State ex rel. Haberlan v. those pensions from the funds of the fire department. Love, 34 L.R.A. (N.S.) 607, 89 Neb. 149, (Annotated) 131 N. W. 196. b2. A statutory requirement that the legislature shall not impose taxes upon municipal corporations, or the inhabitants or property thereof, for corporate purposes, does not prevent the legislature from requiring cities to pension superannuated firemen. State ex rel. Haberlan v. Love, 34 L.R.A. (N.S.) 607, 89 Neb. 149, 131 N. W. 196. d. Firemen who have served the required length of time, although it has not all been after the passage of the statute, are en titled to the benefit of a statute allowing pensions to all firemen whenever they shall have served in the fire department for a certain length of time. State ex rel. Haberlan v. Love, 34 L.R.A. (N.S.) 607, 89 Neb. 149, 131 N. W. 196. c. The provision of the Detroit charter, that a fireman totally disabled in the dis charge of duty may be placed on the retired list, with a pension, by a vote of the fire e. A fireman entitled to a service pencommission, is not mandatory, but gives the sion, no part of which is paid for injuries commission only an option so to do; and inflicted while in that vocation and as a such provision is no bar to recovery by a result thereof, may only receive the pension fireman for injuries received by him in dis- provided by law at the time of his retirecharge of duty, for damages for which the ment. State ex rel. Haberlan v. Love, 34 city is otherwise liable. Coots v. Detroit, | L.R.A. (N.S.) 607, 89 Neb. 149, 131 N. W. 5 L.R.A. 315, 75 Mich. 628, 43 N. W. 17. 196. § 1. Generally. a. An insurance patrol association composed of insurance companies doing business in a certain city, and having power to provide for and assist in the saving of life and property, and which is supported by assessments levied on all persons or companies engaged in the insurance business in such city, is liable in damages for injuries resulting to a member of the city fire department, received, while engaged in the discharge of his duties, through the act of its servant in negligently driving through the streets, since such an association is a private corporation, organized to promote the pecuniary interests of its members, notwithstanding that the statute under which the association is organized prohibits it from charging for its services, or from distinguishing between insured and uninsured property. Coleman V. Fire Ins. Patrol, 21 L.R.A. (N.S.) 810, 122 La. 626, 48 So. 130. (Annotated) b. The right of way through the streets of New Orleans, granted to its fire department by La. Act No. 83, p. 114, of 1894, is paramount to, and wholly unaffected by, a similar right granted to the fire insurance patrol of that city by § 5, act No. 115, p. 186, 1902, as such act is qualified by § 4 thereof, providing that nothing therein shall be so construed as to lessen in any way the authority of the fire department. Coleman v. Fire Ins. Patrol, 21 L.R.A. (N.S.) 810, 122 La. 626, 48 So. 130. FIRE LIMITS. See BUILDINGS, I. b. FIREMEN. Limiting hours of labor of stationary firemen, see ... CONSTITUTIONAL LAW, §§ 402, 572, 769. FIRE DEPARTMENT. LOCOMOTIVE FIREMEN. MASTER AND SERVANT, § 116 b. Tax on insurance companies for benefit of, see ..... TAXES, § 50 a, b. FIRES. I. In general. § 1, 2. Liability of person on whose premises fire is set out. cascascoscoscoscoscoscoscos 3. 4. 5. 6. Liability resulting from use of fire. 7. 8. 9. 10. for industrial purposes. in threshing engine. by smoker. Liability for personal injuries sustained in attempt to extin- § 11. Refusal to aid in or interfering with extinguish:ment. Contract against liability for, see .. ACT OF GOD, § 1 f. APPEAL AND ERROR, § 252 k. BAILMENT, § 11. BILLS AND NOTES, § 251 CONSTITUTIONAL LAW, § 557 b. .. CONSTITUTIONAL LAW, §§ 688, 689, 693 o. ...CONTRACTS, § 367. ... CONTRACTS, § 465 c-e. contract to supply water for fire purposes, see .. CORPORATIONS, § 125 k, L Jurisdiction of action for negligently causing, see ... COURTS, § 47 d. Review of municipal regulations to prevent, see ..... Measure of damages for destruction of building, trees or crop by, see Destruction of poll books by, see Right of electric company to sever wires to store in case of, see DAMAGES, III. o, 2. ELECTIONS, § 16 f. ELECTRICITY, § 2 b. |