The majority found that the allegations of the complaint raised a legitimate claim that the City violated the decedent's due process right to reasonable care. Citing to previous caselaw, the court stated:
“There may be no duty to take care of a man who is ill or intoxicated, and unable to look out for himself; but it is another thing entirely to eject him into the danger of a street or railroad yard; and if he is injured there will be liability. But further, if the defendant does attempt to aid him, and takes charge and control of the situation, he is regarded as entering voluntarily into a relation which is attended with responsibility.”
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