Legal Opinion

City of Cumming v. Chastain

Court of Appeals of Georgia

Decided January 27, 1958No. 37017PublishedCited by 9 opinions

1Opinion of the Court

Carlisle, Judge.

“A municipal corporation shall not be liable for the torts of policemen or other officers engaged in the discharge of the duties imposed on them by law.” Code § 69-307. “A municipal corporation is not liable for the wrongdoing or negligence of its police officers in the discharge of their ministerial duties. Wilson v. Mayor &c. of Macon, 88 Ga. 455 (14 S. E. 710), and authorities cited.” Means v. City of Barnesville, 28 Ga. App. 671 (1) (112 S. E. 739). This has been the rule in the State of Georgia from the earliest times, and having been embodied in the 1933 Code, which was…

2Cases cited3 opinions

  1. Tucker v. Howard L. Carmichael & Sons Inc.Supreme Court of Georgia · 1951
  2. Wilson v. Mayor of MaconSupreme Court of Georgia · 1892
  3. Means v. City of BarnesvilleCourt of Appeals of Georgia · 1922

3Cited by9 opinions

  1. James R. Brooks v. D.R. Scheib, City of AtlantaCourt of Appeals for the Eleventh Circuit · 1987
  2. City of Atlanta v. ChambersCourt of Appeals of Georgia · 1992
  3. Arthur v. City of AlbanyCourt of Appeals of Georgia · 1958
  4. Munn v. MAYOR AND ALDERMEN OF SAVANNAHDistrict Court, S.D. Georgia · 1995
  5. Thompson v. SpikesDistrict Court, S.D. Georgia · 1987

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