Nisbet v. City of Atlanta
Supreme Court of Georgia
Action for damages. Before Judge Yan Epps. City-court of Atlanta. July term, 1895. The case of IVIattie Nisbet against the City of Atlanta was dismissed on general demurrer.
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Action for damages. Before Judge Yan Epps. City-court of Atlanta. July term, 1895. The case of IVIattie Nisbet against the City of Atlanta was dismissed on general demurrer. Her declaration alleged, that about the 26th of December, 1893, by sentence of the recorder’s court of said city, her husband Carter Nisbet was consigned to the city stockade for the violation of some city ordinance; and while under the direct personal orders of the city’s agent and street foreman, he was commanded to lift a large rock and place it in a city wagon; that said foreman in gross carelessness furnished him…
1Opinion of the Court
Lumpkin, Justice.
The .question involved in this case has been too often' passed upon by this court to require further elaboration. Neither the law of master and servant nor the doctrine of respondeat superior applies in a case where a prisoner undergoing punishment for a violation of a municipal ordinance is injured or killed in consequence of the negligence or misconduct of the officer having the custody or control *653of such prisoner. This is true because, in such matters, the municipal corporation is exercising governmental powers and. discharging governmental duties, in the course of which…
2Cases cited1 opinion
- Love v. City of AtlantaSupreme Court of Georgia · 1894
3Cited by26 opinions
- City of Atlanta v. MitchamSupreme Court of Georgia · 2015
- Gray v. Mayor of GriffinSupreme Court of Georgia · 1900
- Hillman v. City of AnnistonSupreme Court of Alabama · 1926
- Mayor of Dalton v. WilsonSupreme Court of Georgia · 1903
- City of Anniston v. HillmanSupreme Court of Alabama · 1930
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