McDonaldv. Butler
Court of Appeals of Georgia
Action for damages; from city court of Madison — Judge Anderson. The action was against E. W. Butler and the mayor and council of Madison, as joint tort-feasors. The petition, as amended, set forth the following facts: On April 7, 1893, plaintiffs bought from Butler, then mayor of Madison, and the mayor and council, a lot in a cemetery owned by the City of Madison, to be used as a family burying ground, and received a deed' thereto.
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Action for damages; from city court of Madison — Judge Anderson. The action was against E. W. Butler and the mayor and council of Madison, as joint tort-feasors. The petition, as amended, set forth the following facts: On April 7, 1893, plaintiffs bought from Butler, then mayor of Madison, and the mayor and council, a lot in a cemetery owned by the City of Madison, to be used as a family burying ground, and received a deed' thereto. On April 8, 1893, plaintiffs interred the remains of their father in the lot, and shortly thereafter moved away from Madison. Upon their return on a visit in 1910…
1Opinion of the CourtPottle, J.
1. It needs little argument to show that the city is not liable for exemplary or punitive damages for the alleged conduct of its officers in desecrating the grave and disinterring the remains of the plaintiffs’ father. Even if authority to remove the bodies of deceased persons from their resting places could be conferred upon a municipal corporation as a legitimate exercise of the police power, the General Assembly has not attempted to expressly confer such authority upon the City of Madison, and it will not be implied from the general welfare clause in the city’s charter, or from the…
2Cases cited11 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Jacobus v. Congregation of ChildrenSupreme Court of Georgia · 1899
- Wright v. Hollywood Cemetery CorporationSupreme Court of Georgia · 1901
- Louisville & Nashville Railroad v. WilsonSupreme Court of Georgia · 1905
- Gray v. Mayor of GriffinSupreme Court of Georgia · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pollard v. PhelpsCourt of Appeals of Georgia · 1937
- Mayes v. SimonsSupreme Court of Georgia · 1940
- Gloss v. JacobsCourt of Appeals of Georgia · 1952
- Kitchens v. Jefferson CountyCourt of Appeals of Georgia · 1952
- Newton v. City of MoultrieCourt of Appeals of Georgia · 1929
4 more not listed; retrieve them via the Exa API.