Taylor v. City of Roswell

MABRY, Justice.

Appellant sues the City of Roswell alleging assault without justification by one of the police officers of the city “in the presence and with the approval of a member of the city council who also was a member of police committee of the council.” The city moved for dismissal upon the ground that the city is not responsible for the actions of a police officer under the circumstances pleaded. The motion was sustained, the complaint dismissed and appellant appeals.

There is only one assignment of error, viz., “The complaint states a cause of action and the district court erred in…