Legal Opinion

Moss v. City Council

Supreme Court of Georgia

Decided July 16, 1894PublishedCited by 4 opinions

Action for damages. Before Judge Eve. City court of Richmond county. November term, 1893. ■Moss sued the City Council of Augusta, alleging: Several years ago he bought a fine young collie dog, for which he paid $25, and which he took to his home and carefully raised as a pet in his family.

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Action for damages. Before Judge Eve. City court of Richmond county. November term, 1893. ■Moss sued the City Council of Augusta, alleging: Several years ago he bought a fine young collie dog, for which he paid $25, and which he took to his home and carefully raised as a pet in his family. Defendant has, and for many years has had, in force in the city ordinances providing that the mayor shall provide annually a sufficient number of collars or badges, shall appoint some suitable person to dispense them, and the person so appointed shall furnish the owner of any dog with a collar to be worn by…

1Opinion of the Court

Lumpkin, Justice.

The facts appear in the reporter’s statement. No question was made in the present case as to the validity of the ordinance therein mentioned, and our decision has been made upon the assumption that the municipal authorities of Augusta had the right to adopt this ordinance.

The doctrine that a city is not liable for the illegal and tortious acts of its police officers has been well Settled by repeated decisions of this court. Attaway v. Mayor and Aldermen of Cartersville, 68 Ga. 740, and cases there cited. The learned counsel for the plaintiff *800in error recognized and admitted…

2Cases cited1 opinion

  1. Attaway v. Mayor of CartersvilleSupreme Court of Georgia · 1882

3Cited by4 opinions

  1. Columbus Railroad v. WoolfolkSupreme Court of Georgia · 1907
  2. City of Thomson v. DavisCourt of Appeals of Georgia · 1955
  3. Sheley v. Board of Public EducationCourt of Appeals of Georgia · 1974
  4. Sheley v. Board of Public EducationCourt of Appeals of Georgia · 1974

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