McElroy v. City Council
Supreme Court of Georgia
Municipal corporations. Torts. Damages. Principal and agent. Before Judge WRIGHT. Dougherty Superior Court. April Term, 1880. McElroy sued the City Council of Albany, alleging in brief as follows: On the third day of August, 1878, while peaceably and quietly walking along one of the public streets of the city of Albany, about eleven o’clock at night, he was seized by a watchman (a servant in the employment of said city, authorized by said city to arrest persons), when in the…
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Municipal corporations. Torts. Damages. Principal and agent. Before Judge WRIGHT. Dougherty Superior Court. April Term, 1880. McElroy sued the City Council of Albany, alleging in brief as follows: On the third day of August, 1878, while peaceably and quietly walking along one of the public streets of the city of Albany, about eleven o’clock at night, he was seized by a watchman (a servant in the employment of said city, authorized by said city to arrest persons), when in the discharge of his duties as night-watch, and violently-thrown down on the sidewalk, having his leg fractured and broken.…
1Opinion of the Court
JACKSON, Chief Justice.
This was a demurrer to the plaintiff’s declaration ; the demurrer was sustained and the suit dismissed, and error is assigned thereon.
The substance of the allegation in the declaration is that a city watchman, quasi a policeman, wilfully and maliciously, while drunk, threw the plaintiff down and broke his leg; and the question is, can the plaintiff recover from the city in such a case ?
*389Without going into the question so elaborately and ably argued by counsel for the plaintiff in error, as respects the liability of municipal corporations for the misconduct of their own…
2Cases cited1 opinion
- Cook v. Mayor of MaconSupreme Court of Georgia · 1875
3Cited by7 opinions
- Gray v. Mayor of GriffinSupreme Court of Georgia · 1900
- Tzatzken v. City of DetroitMichigan Supreme Court · 1924
- Davis v. KnoxvilleTennessee Supreme Court · 1891
- Chase v. MiddletonMichigan Supreme Court · 1900
- Trammell v. WoolfolkSupreme Court of Georgia · 1882
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