Gilchrist v. City of Charleston
Supreme Court of South Carolina
Before Gary, J., Charleston, April, 1920. Action by Robt. B. Gilchrist against the City Council of Charleston for damages. From order overruling demurrer to the complaint, the defendant appeals. cites: Auto contest in 106 S. C. 255, was with knowledge and consent of coun* cil. If police officers undertake to suspend an ordinance they act outside the scope of their authority and the city is not liable: Dabatt Master and Servant, par. 2285; 72 S. C. 205; 37 S. C. 198; 47 Am.
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Before Gary, J., Charleston, April, 1920. Action by Robt. B. Gilchrist against the City Council of Charleston for damages. From order overruling demurrer to the complaint, the defendant appeals. cites: Auto contest in 106 S. C. 255, was with knowledge and consent of coun* cil. If police officers undertake to suspend an ordinance they act outside the scope of their authority and the city is not liable: Dabatt Master and Servant, par. 2285; 72 S. C. 205; 37 S. C. 198; 47 Am. Rep. 805; 1 Allen 172. Police are agents of the State and not of the city: 1 Dillon Mun. Corp., par. 390; 28 Cyc. 497; 1…
1Opinion of the Court
The opinion of the Court was'delivered by
Mr. Justice Hydrick.
Plaintiff sued the city to recover damages for a personal injury sustained on December 25, 1917. While he was walking along one of the principal streets of the city, he was struck by a skyrocket, set off by some unknown person, and his left leg was broken.
He alleges that the city council adopted an ordinance, which was of force at the time, prohibiting the setting off of fireworks within the city, except at such times and places as the mayor might permit, that the mayor had not, by. proclamation, or otherwise, permitted the setting…
2Cases cited2 opinions
- Triplett v. City of CoulumbiaSupreme Court of South Carolina · 1918
- Burnett v. City of GreenvilleSupreme Court of South Carolina · 1917
3Cited by9 opinions
- McCall v. BatsonSupreme Court of South Carolina · 1985
- Reeves v. City of EasleySupreme Court of South Carolina · 1932
- McCall ex rel. Andrews v. BatsonSupreme Court of South Carolina · 1985
- Abernathy v. City of ColumbiaSupreme Court of South Carolina · 1948
- Adamczyk v. ZambelliAppellate Court of Illinois · 1960
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