Richard Smith, Appellant v. the City of Rochester, Respondent

Summary

The Court affirmed the judgment for the City of Rochester, holding that the municipality was not liable for the injuries caused by its fire department hose‑cart driver because the council’s order to use the apparatus for a private centennial celebration was ultra vires. The decision rests on the principle that a municipal corporation is liable only for acts within the scope of its statutory powers and that firemen are officers, not servants, for whom respondeat superior does not apply.