ALICE BRADLEY
v.
CITY OF JACKSONVILLE, A MUNICIPAL CORPORATION
The judgment appealed from is affirmed on authority of Brown v. Town of Eustis, 92 Fla. 931, 110 So. 873; Kennedy v. City of Daytona Beach, 132 Fla. 675, 182 So. 228.
It is so ordered.
CHAPMAN, C. J., BROWN, THOMAS and SEBRING, JJ., concur.
concurring:
I concur in the conclusion. Of course this plaintiff may well have been able to get a judgment in a tort action against the two policemen, but could not have collected it in all probability.
The doctrine of municipal immunity for torts committed by its employees engaged in governmental functions comes down to us as a part of the common law, which was adopted by the legislature. If that common law doctrine is to be repealed, it would appear to be a legislative function. See 38 Am. Juris, p. 265, 272, 317.
CHAPMAN, C. J., concurs.
BROWN, J,
concurring:
I concur in the conclusion. Of course this plaintiff may well have been able to get a judgment in a tort action against the two policemen, but could not have collected it in all probability.
The doctrine of municipal immunity for torts committed by its employees engaged in governmental functions comes down to us as a part of the common law, which was adopted by the legislature. If that common law doctrine is to be repealed, it would appear to be a legislative function. See 38 Am. Juris, p. 265, 272, 317.
CHAPMAN, C. J., concurs.
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Cauley v. City OF Jacksonville, 403 So. 2d 379 (Fla. 1981)…y Approach to Governmental Liability in Florida, 18 U.Fla.L.Rev. 653 (1966); Note, The Tort Liability of Florida Municipal Corporations, 16 U.Fla.L.Rev. 90 (1963); 18 U.Fla.L.Rev. 173 (1965). . Accord, Bradley v. City of Jacksonville, 156 Fla. 493, 23 So. 2d 626 (1945); Phair v. Byder, 155 Fla. 677, 21 So. 2d 208 (1945); Gerschwiller v. City of Winter Haven, 95 Fla. 427, 115 So. 846 (1928). . Accord, City of Miami v. Simpson, 172 So. 2d 435 (Fla.1965) (based on Hargrove, municipal liability extended to int…
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City of Miami v. Bethel, 65 So. 2d 34 (Fla. 1953)…governmental functipns is derived from the common law which was adopted by the Legislature. McCain v. Andrews, 139 Fla. 391, 190 So. 616; Swanson v. City of Fort Lauderdale, 155 Fla. 720, 21 So. 2d 217; Bradley v. City of Jacksonville, 156 Fla. 493, 23 So. 2d 626. Also see 38 Am.Jur. 265, 272, 317. Hence, if the doctrine is to be altered, the responsibility for such change must rest with the legislative, not with the judicial, branch of the government. While it may. be that the police officers in the instan…
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Charlton v. City OF Hialeah, 188 F.2d 421 (5th Cir. 1951)…of an express statutory duty. Brown v. Town of Eutis, 92 Fla. 931, 110 So. 873; Elrod v. City of Daytona Beach, 132 Fla. 24, 180 So. 378, 118 A.L.R. 1049; Kennedy v. City of Daytona Beach, 132 Fla. 675, 182 So. 228; Bradley v. City of Jacksonville, 156 Fla. 493, 23 So. 2d 626. There is no allegation here that the City of Hialeah was not acting in its sovereign or governmental capacity. Therefore, under the laws of Florida, the defendant City of Hialeah could not he liable in tort under the allegations of t…
Authorities Cited
- Kennedy v. City of Daytona Beach, 132 Fla. 675 (Fla. 1938)
- Brown v. The Town of Eustis, 92 Fla. 931 (Fla. 1926)