Wyatt v. City of Rome
Supreme Court of Georgia
Action for damages. Before Judge Harris. City court of Floyd county. December term, 1897. By ordinances of the City of Rome, every resident of that' city was required to be successfully vaccinated, or to be vac— cinated. a sufficient number of times to make it evident that'successful vaccination was impossible; and upon 'failure or refusal of any resident over fifteen years of age to be so vaccinated, it was provided that hé should be punished by fine or imprisonment.
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Action for damages. Before Judge Harris. City court of Floyd county. December term, 1897. By ordinances of the City of Rome, every resident of that' city was required to be successfully vaccinated, or to be vac— cinated. a sufficient number of times to make it evident that'successful vaccination was impossible; and upon 'failure or refusal of any resident over fifteen years of age to be so vaccinated, it was provided that hé should be punished by fine or imprisonment. At council meetings in August, 1897, it was ordered that these ordinances be immediately enforced and be published; and that…
1Opinion of the CourtLewis, J.
The right to prescribe regulations looking to the preservation of the public health is one of those sovereign powers that belong to the State. This power can' be delegated by the State to any of its subdivisions of government, such as a' municipality or a county, and in the use of it by such subdivisions they are in the exercise of a function purely governmental. As a general rule a' subordinate branch of the government is not liable for injuries sustained by any one growing-out of negligence, misfeasance, or nonfeasance of its officers and agents who are charged with the duty of enforcing…
2Cases cited4 opinions
- Love v. City of AtlantaSupreme Court of Georgia · 1894
- Ogg v. City of LansingSupreme Court of Iowa · 1872
- Sherbourne v. Yuba Cty.California Supreme Court · 1862
- Summers v. Board of CommissionersIndiana Supreme Court · 1885
3Cited by5 opinions
- Mayor of Dalton v. WilsonSupreme Court of Georgia · 1903
- Harrison Co. v. City of AtlantaCourt of Appeals of Georgia · 1921
- Meeks v. LunsfordCourt of Appeals of Georgia · 1962
- Cornelisen v. City of AtlantaCourt of Appeals of Georgia · 1917
- Corbin v. ShiverSupreme Court of Georgia · 1908