Schuster v. City of New York

At the outset it should be noted that in this case we are not concerned with the sovereign’s outmoded immunity from civil liability for negligence in the performance of a governmental function. Such immunity no longer exists. Whether for a negligent act of commission or omission the sovereign is now liable to any person who, as an individual, is entitled to the proper performance of the governmental function and who has been damaged by reason of the sovereign’s careless action or nonaction. Such surrender of the sovereign immunity ‘ ‘ is broad, general and unqualified. ’ ’ The test of the…