Stewart v. City of New Orleans
Supreme Court of Louisiana
APPEAL from the Third District Court of New Orleans, Kennedy, J. The only question in this case is, whether the city of New Orleans is liable for the misfeasances of her police, who in the exercise of their functions use an undue degree of violence, and while in the service of the city, destroy the property of the citizen. The District Judge decided that she is so liable.
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APPEAL from the Third District Court of New Orleans, Kennedy, J. The only question in this case is, whether the city of New Orleans is liable for the misfeasances of her police, who in the exercise of their functions use an undue degree of violence, and while in the service of the city, destroy the property of the citizen. The District Judge decided that she is so liable. In the case of MeQary v. The City of Lafayette, 12 Rob. 668, the court gave a “ lesson to those who invest with power, men who are regardless of law and of private rights.” Upon the authority of that case and of Johnson v.…
1Opinion of the Court
Campbell, J. (Ogden, J., and Buchanan, J., dissenting.)
Plaintiff seeks to render the city of New Orleans liable for the value of a slave, alleged to have been killed by the officers of the late Second Municipality.
It is alleged, that in January, 1852, the lieutenant of the watch, aided by other watchmen under his command, while in the regular service and employment of the Municipality No. Two, without any justifiable cause, made an assault, with clubs, upon the slave of plaintiff, and inflicted upon him wounds of which he died.
The defence is, the general denial.
It is in proof that, on the…
2Cited by26 opinions
- Board of Comm'rs. of Port of New Orleans v. Splendour S. & E. Co.Supreme Court of Louisiana · 1973
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- Culver v. City of StreatorIllinois Supreme Court · 1889
- Rush v. Town of FarmervilleSupreme Court of Louisiana · 1924
- Hicks v. City of Monroe Utilities CommissionSupreme Court of Louisiana · 1959
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