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Legal Opinion

Smith v. Town of Elkton

Rockingham County Circuit Court

Decided March 3, 1975No. Case No. (Law) 5454Published

1Opinion of the Court

By JUDGE JOSHUA L. ROBINSON

The demurrer presents the question of whether a municipal corporation is immune from liability for negligence in the employment of an incompetent police officer or for negligence in failure properly to train its police force.

The doctrine of governmental immunity of Municipal Corporations1 for torts committed in the performance of governmental functions2 has been the law of Virginia at least since City of Richmond v. Long's Adm'rs., 17 Gratt. (58 Va.) 375, 94 Am. Dec. 461 (1867),3 and was reaffirmed as recently as 1973 in Taylor v. Newport News, 214 Va. 9 (1973).

Altho…

2Cases cited13 opinions

  1. Williams v. City of DetroitMichigan Supreme Court · 1961
  2. Hargrove v. Town of Cocoa BeachSupreme Court of Florida · 1957
  3. Matter of DoyleNew York Court of Appeals · 1931
  4. Smith v. KauffmanSupreme Court of Virginia · 1971
  5. Surratt, Adm'r v. ThompsonSupreme Court of Virginia · 1971

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