Calwell v. City of Boone
Supreme Court of Iowa
Appeal from Boone Circuit Court. Action for damages alleged to have been sustained by reason of an assault and battery committed by one Butcher, and also for damages for malicious prosecution and false imprisonment.
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Appeal from Boone Circuit Court. Action for damages alleged to have been sustained by reason of an assault and battery committed by one Butcher, and also for damages for malicious prosecution and false imprisonment. The petition alleges, in substance, that at ■the time of the act complained of Butcher was the duly appointed deputy marshal of the defendant city, and as such discharged a revolver at him, struck him with a policeman’s billy, and arrested and handcuffed him; that he did so under the pretense of enforcing an ordinance of the city, providing for the punishment of persons being…
1Opinion of the CourtAdams, J.
corporations': not liable for fice1officeísP°" — The police regulations of a city are-not made and enforced in the interest of the city in its corporate capacity, but in the interest of the public. A city is not liable, therefore, for the acts of its officers in . . tempting enforce such regulations. The question involved in this case arose in Buttrick v. City of Lowell, 1 Allen, 172. Bigelow, Ch. J., said: “Police officers can in no sense be regarded as the agents or servants' of the city. Their duties are of a public nature. Their appointment is devolved on cities and towns by the…
2Cases cited2 opinions
- Ogg v. City of LansingSupreme Court of Iowa · 1872
- President of Odell v. SchroederIllinois Supreme Court · 1871
3Cited by53 opinions
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Wood v. Boone CountySupreme Court of Iowa · 1911
- Ulrich v. City of St. LouisSupreme Court of Missouri · 1892
- Culver v. City of StreatorIllinois Supreme Court · 1889
- Elrod v. City of Daytona BeachSupreme Court of Florida · 1938
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