Legal Opinion

Lacock v. City of Schenectady

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1928PublishedCited by 11 opinions

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

  1. Surace v. DannaNew York Court of Appeals · 1928
  2. Hughes v. . County of MonroeNew York Court of Appeals · 1895
  3. Wilcox v. . City of RochesterNew York Court of Appeals · 1907
  4. In Re the Appraisal Under the Transfer Tax Act of the Estate of HoopleNew York Court of Appeals · 1904
  5. Corbett v. . St. Vincent's Industrial SchoolNew York Court of Appeals · 1903

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3Cited by11 opinions

  1. Bradshaw v. City of SeattleWashington Supreme Court · 1953
  2. Berger v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1940
  3. Miller v. Town of IrondequoitAppellate Division of the Supreme Court of the State of New York · 1935
  4. Leckliter v. City of Des MoinesSupreme Court of Iowa · 1930
  5. Miller v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1943

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