Bradley v. City of Jacksonville
| Decision Date | 23 October 1945 |
| Citation | 23 So.2d 626,156 Fla. 493 |
| Parties | Alice BRADLEY, Appellant, v. CITY OF JACKSONVILLE, a municipal corporation, Appellee. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Duval County; A. D. McNeill, Judge.
Evan Evans, of Jacksonville. for appellant.
William M. Madison and Gov. Hutchinson, both of Jacksonville, for appellee.
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.
In is so ordered.
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 If that common-law doctrine is to be repealed, it would appear to be a legislative function.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. pp. 265, 272, 317.
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Cauley v. City of Jacksonville
...Liability of Florida Municipal Corporations, 16 U.Fla.L.Rev. 90 (1963); 18 U.Fla.L.Rev. 173 (1965).8 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 ......
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...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......
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Charlton v. City of Hialeah, 13260.
...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. Therefor......
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