Home/Supreme Court of Georgia/Nisbet v. City of Atlanta

Nisbet v. City of Atlanta

25 S.E. 173, 97 Ga. 650
CourtSupreme Court of Georgia
DecidedJanuary 13, 1896
StatusPublished
Cited by26 cases

This text of 25 S.E. 173 (Nisbet v. City of Atlanta) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nisbet v. City of Atlanta, 25 S.E. 173, 97 Ga. 650 (Ga. 1896).

Opinion

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 [653]*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 it, of necessity, employs the services of the officer in question. See the case of Wilson v. Mayor & Council of Macon, 88 Ca. 455, which is directly in point, and the authorities there collected; and, also, the opinion of Justice Atkinson in the more recent case of Love v. City of Atlanta, 95 Ga. 129, which, in principle, is decisive of the case now in hand. Judgment affirmed.

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Bluebook (online)
25 S.E. 173, 97 Ga. 650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nisbet-v-city-of-atlanta-ga-1896.