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The City of Chicago v. Bigelow, Admr. of Samuel Nicholson was a case heard by the United States Supreme Court in 1868. The case centered around the question of whether the City of Chicago was liable for damages caused by a fire that had been started by the city’s negligence. The plaintiff, Bigelow, was the administrator of the estate of Samuel Nicholson, who had died in the fire. The Supreme Court held that the City of Chicago was liable for the damages caused by the fire. The Court reasoned that the city had a duty to exercise reasonable care in the management of its property, and that it had failed to do so in this case. The Court also held that the city was liable for the damages even though the fire had been started by a third party, as the city had failed to take reasonable steps to prevent the fire from occurring. In conclusion, the Supreme Court held that the City of Chicago was liable for the damages caused by the fire, as it had failed to exercise reasonable care in the management of its property. This case established the principle that a municipality can be held liable for damages caused by its negligence.
In the case of The City of Chicago v. Bigelow, Admr. Of Samuel Nicholson, the Supreme Court was tasked with determining whether or not a city ordinance that allowed for the destruction of buildings in order to prevent fires from spreading could be enforced against an individual who had already purchased land and built on it prior to its passage. In a 5-4 decision, Justice Field wrote a dissenting opinion arguing that such ordinances should only apply prospectively and not retroactively as doing so would violate due process rights under the Fourteenth Amendment by taking away property without just compensation. He argued that while cities have certain powers to protect their citizens from harm, they must do so within constitutional limits which include respecting private property rights even if those rights were acquired before any new laws are passed.