Gray v. Mayor of Griffin
Supreme Court of Georgia
Action for damages. Before Judge Reagan. Spalding superior court. January term, 1900. Gray sued the Mayor and Council of the City of Griffin, on account of an illegal arrest and imprisonment, and of physical injury and mental suffering caused by the condition in which the prison was kept.
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Action for damages. Before Judge Reagan. Spalding superior court. January term, 1900. Gray sued the Mayor and Council of the City of Griffin, on account of an illegal arrest and imprisonment, and of physical injury and mental suffering caused by the condition in which the prison was kept. He alleged that he was, without just cause, arrested by police officers of the city, without a warrant, and placed in the guard-house of the city, and there detained from December 24 until-December 26, without a trial and without having been afforded at the time of his arrest an opportunity to give bond,…
1Opinion of the CourtFish, J.
Taking the allegations of the plaintiff’s petition to be true, as we must do upon demurrer, he certainly has just and great cause to complain of the needless hardships and suffering which he endured while confined in the city guard-house. But however strongly the story of his sufferings may appeal to our sentiments of humanity, the law affords him no redress against the municipality. The general rule is well established, that a municipal corporation is not liable in damages for injuries sustained by reason of the negligent or improper exercise of a purely governmental power. The preservation…
2Cases cited14 opinions
- Love v. City of AtlantaSupreme Court of Georgia · 1894
- Brown"s Adm'r v. Town of GuyandotteWest Virginia Supreme Court · 1890
- Gullikson v. McDonaldSupreme Court of Minnesota · 1895
- Nisbet v. City of AtlantaSupreme Court of Georgia · 1896
- La Clef v. City of ConcordiaSupreme Court of Kansas · 1889
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3Cited by36 opinions
- Thomas v. WilliamsCourt of Appeals of Georgia · 1962
- Mayor of Savannah v. JordanSupreme Court of Georgia · 1914
- City of Atlanta v. MitchamSupreme Court of Georgia · 2015
- Wilcox v. . City of RochesterNew York Court of Appeals · 1907
- McDay v. City of AtlantaCourt of Appeals of Georgia · 1992
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