Legal Opinion · Dissent

Hodges v. City of Charlotte

Supreme Court of North Carolina

Decided February 1, 1939Published

1DissentClaeksoN, J.

Judicial candor compels me to register a dissent from the views of my brothers. Municipal immunity from responsibility for the negligent acts of its employees is a doctrine which should ever remain carefully circumscribed, as it constitutes an exception to the general rule that the master is liable for the damage done by the servant. When the servant of a citizen or a private corporation, negligently kills or injures, the employer is answerable in damages. What I now say is not urged in the interest of removing long established immunity; such questions of policy are for the legislative, not…

2Cases cited11 opinions

  1. City of Galveston v. PosnainskyTexas Supreme Court · 1884
  2. Workman v. New York CitySupreme Court of the United States · 1900
  3. Oklahoma City v. FosterSupreme Court of Oklahoma · 1926
  4. Lewis v. . HunterSupreme Court of North Carolina · 1937
  5. Meares v. Commissioners of the Town of WilmingtonSupreme Court of North Carolina · 1848

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API