Jones v. Town of Clarkson

The rule is well recognized that a political division like a town is not liable for a tort of its officers, servants or agents unless the liability has been imposed by statute. (Dillon Mun. Corp. [4th ed.] §§ 961 et seq.; S. & R. Neg. [4th ed.] §§ 256 et seq.) The rule has grown up as a matter. of public policy out of the exploded theory that the sovereign can do no harm and that the political divisions of the State, such as towns, are mere representatives of the State. This doctrine is not now maintained in all its early integrity, but, on the contrary, the State and its political creations…