Bradley v. City of Jackson

A municipality, in the exercise of its police powers, acts in a governmental and not in a private capacity, and is not liable for torts committed by its officers and agents in attempting to carry out and enforce its ordinances and other regulations adopted by it in pursuance of such powers. City of Gulfport v. Shepperd, 116 Miss. 439, 77 So. 193; Alexander v. Vicksburg, 68 Miss. 564, 10 So. 62; McQuillin on Municipal Corporations (2 Ed.), vol. 6, sec. 2630.

It is sometimes difficult to determine in the particular case under consideration whether the municipality has acted in its .governmental…