Howard v. City of Chattanooga

The trial judge sustained a demurrer to a declaration in this suit for personal injuries. The declaration alleged that Howard was a prisoner, convicted of a misdemeanor, who was injured while working out a fine at a rock quarry as the result of the negligence of his boss or guard employed by the municipality. The demurrer denied liability of the City for the alleged negligence because the City was in the performance of a governmental function.

The general rule unquestionably is that a municipality is not liable for injuries resulting- from the negligence of its employees in charge of prisoners…