State v. Hill
Supreme Court of Alabama
Appeal from Etowah. Circuit Court. Tried, before Hon. W*. L. Whitlock. The appellee, Hill, brought this action against the State to recover damages for the killing of his horses by a train upon the Alabama & Chattanooga Bailroad, while it was in the possession of the State and operated by its receiver. The court refused, at the instance of the State, to charge the jury that the plaintiff could not recover in this action, and this is now assigned for error.
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Appeal from Etowah. Circuit Court. Tried, before Hon. W*. L. Whitlock. The appellee, Hill, brought this action against the State to recover damages for the killing of his horses by a train upon the Alabama & Chattanooga Bailroad, while it was in the possession of the State and operated by its receiver. The court refused, at the instance of the State, to charge the jury that the plaintiff could not recover in this action, and this is now assigned for error. The State is not liable for the negligence, malfeasance, misfeasance, or torts of its agents or employees.&emdash;Story on Agency, § 319,…
1Opinion of the Court
MANNING, J.&emdash;
Section 2534 of the Bevised Code was intended only to afford to persons who had claims against the State, a mode of ascertaining whether or not they were well founded-&emdash;-and if they were, what sum of money or other thing was due to them. It was not the purpose or effect of the enactment to create liability on the part of the State to its citizens, or to subject it to liability, which did not exist, or could not arise under laws already existing.
*68"It is plain,” says Justice Story, “that the government itself is not responsible for the misfeasances, of wrongs, or…
2Cited by20 opinions
- Ex Parte CranmanSupreme Court of Alabama · 2000
- State Docks Commission v. BarnesSupreme Court of Alabama · 1932
- Riddoch v. StateWashington Supreme Court · 1912
- Houston v. StateWisconsin Supreme Court · 1898
- Davis v. StateIdaho Supreme Court · 1917
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