Legal Opinion · Dissent

Jones v. Commissioners of Franklin County

Supreme Court of North Carolina

Decided June 19, 1902Published

ActioN by J. F. Jones against the Board of Commissioners of Franklin County, heard by Judge M. H. Justice, at January Term, 1902, of the Superior Court of Franklin County. From a judgment for the defendants, the plaintiff appealed.

1DissentDouglas, J.

I can not concur in the opinion of the Court, either in its theory or its result, because it seems to me that a substantial injury is being done to the plaintiff by a construction of a statute purely technical in its nature, and justified neither by public policy nor common right. I agree with the opinion in so far as it holds that a county is not responsible for a pure tort committed by one *458of its officers or employees; but we must remember that a tort can never confer a right upon tbe wrongdoer. If tbe county ratifies the act and keeps tbe property thus wrongfully taken, i: becomes…

2Cases cited15 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. Stuart v. . PalmerNew York Court of Appeals · 1878
  3. Simon v. CraftSupreme Court of the United States · 1901
  4. Sweet v. RechelSupreme Court of the United States · 1895
  5. Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879

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