Legal Opinion
Powell v. Fidelity & Deposit Co.
Court of Appeals of Georgia
Decided February 29, 1932No. 21674PublishedCited by 19 opinions
1Opinion of the CourtStephens, J.
1. The act of an arresting officer, in holding in custody a person whom, he has arrested for a violation of law, is an act done by virtue of his office. It is the duty of an arresting officer, who has a person under arrest for a violation of law, to refrain from unlawfully assaulting or killing the prisoner. Civil Code (1910), § 6365.
2. Where an arresting officer, who has a prisoner under arrest, kills him unlawfully and without provocation, he commits a breach of official duty, and there is a liability upon his official bond, to the statutory beneficiary of the dead man for damages for the…
2Cases cited10 opinions
- Stephens v. StateSupreme Court of Georgia · 1898
- Cooper v. RicketsonCourt of Appeals of Georgia · 1913
- Georgia, Florida & Alabama Railway Co. v. AndersonCourt of Appeals of Georgia · 1913
- McCalla v. VerdellSupreme Court of Georgia · 1905
- Hartshorn v. Bank of GoughCourt of Appeals of Georgia · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Irwin v. ArrendaleCourt of Appeals of Georgia · 1967
- Jemison v. CrichlowAppellate Division of the Supreme Court of the State of New York · 1988
- Walker v. WhittleCourt of Appeals of Georgia · 1951
- Hawkins v. National Surety Corp.Court of Appeals of Georgia · 1940
- Powell v. Fidelity & Deposit Co. of MarylandCourt of Appeals of Georgia · 1934
14 more not listed; retrieve them via the Exa API.