Lacock v. City of Schenectady
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtVan Kirk, P. J.
A police officer, while engaged in his duties as such, is performing a governmental function and for his negligence a municipality in which he serves is not liable. This proposition is well sustained by authority. (Wilcox v. City of Rochester, 190 N. Y. 137; Woodhull v. Mayor, 150 id. 450; Herman v. Board of Education, 234 id. 196, 201.) This immunity from action extends to and includes the negligent acts of its officers, agents or servants; the doctrine of respondeat superior does not apply. (Herman v. Board of Education, supra, 199; Hughes v. County of Monroe, 147 N. Y. 49; Wahrman v. Board…
2Cases cited9 opinions
- Surace v. DannaNew York Court of Appeals · 1928
- Hughes v. . County of MonroeNew York Court of Appeals · 1895
- Wilcox v. . City of RochesterNew York Court of Appeals · 1907
- In Re the Appraisal Under the Transfer Tax Act of the Estate of HoopleNew York Court of Appeals · 1904
- Corbett v. . St. Vincent's Industrial SchoolNew York Court of Appeals · 1903
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3Cited by11 opinions
- Bradshaw v. City of SeattleWashington Supreme Court · 1953
- Berger v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1940
- Miller v. Town of IrondequoitAppellate Division of the Supreme Court of the State of New York · 1935
- Leckliter v. City of Des MoinesSupreme Court of Iowa · 1930
- Miller v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1943
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