Archer v. City of Cisco, 2668.
| Decision Date | 21 May 1948 |
| Docket Number | No. 2668.,2668. |
| Citation | 211 S.W.2d 955 |
| Parties | ARCHER et al. v. CITY OF CISCO et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Eastland County; George L. Davenport, Judge.
Personal injury action by C. L. Archer and wife, for themselves and as next friend of Arthur Lee Archer, a minor, against the City of Cisco and others. From the judgment, the plaintiffs appeal.
Affirmed.
J. M. Parker of Gorman, for appellants.
R. E. Grantham and Edward Brown, both of Cisco, for appellees.
Plaintiffs, C. L. Archer and wife, instituted this suit for themselves and as next friend of Arthur Lee Archer, a minor, against John Ackers, Constable of Precinct No. 6, Eastland County, the sureties on his offical bond, Sam Hedrick. Jr., a policeman of the City of Cisco, Texas, and the City of Cisco, Texas, a municipal corporation, for damages alleged to have been sustained by Arthur Lee Archer as a result of injuries inflicted upon him by said constable and policeman. The City of Cisco filed a plea in abatement alleging that plaintiffs were attempting to assert a cause of action for damages against the City because of alleged torts of said officers and that said petition shows that the constable and policeman were peace officers engaged in the discharge of their duties as such and were performing a governmental function at the time the injuries to Arthur Lee Archer were sustained. At the conclusion of the evidence, the trial court sustained such plea in abatement and dismissed the City from the suit. The case was submitted, as against the other defendants, to the jury upon special issues and based upon the jury's answers thereto, judgment was rendered in favor of such defendants. Plaintiffs have appealed, alleging only one point of error.
It is the contention of the plaintiffs that the court erred in sustaining the plea in abatement of the City of Cisco.
On February 7, 1946, the defendants Ackers and Hedrick, in response to a call from the manager of a night club located near the City of Cisco, outside the city limits went to such night club in an automobile belonging to the City of Cisco, for the purpose of quelling a disturbance. Upon reaching the night club, the officers arrested one Silas Clay and the plaintiff, Arthur Lee Archer, and took them in said car to the City Hall in Cisco. After reaching the City Hall, the officers made an assault upon the plaintiff Arthur Lee Archer, and inflicted upon him a personal injury. It is shown that Ackers, in addition to his duties as constable, was also a special police officer of the City of Cisco.
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