Owens v. Jackson Municipal Separate School Dist., 46735

CourtMississippi Supreme Court
Writing for the CourtGILLESPIE
CitationOwens v. Jackson Municipal Separate School Dist., 264 So.2d 892 (Miss. 1972)
Decision Date26 June 1972
Docket NumberNo. 46735,46735
PartiesBennie OWENS, Jr. v. JACKSON MUNICIPAL SEPARATE SCHOOL DISTRICT et al.

Creekmore & Creekmore, Jackson, for appellant.

Brunini, Everett, Grantham & Quin, George P. Hewes, III, Thomas H. Rhoden, Jackson, for appellees.

GILLESPIE, Chief Justice:

The excellent briefs filed in this case present the question whether this Court should overrule its former decisions holding the State and its subdivisions immune from suit in tort actions except (1) in matters concerning proprietary affairs and (2) where immunity has been abrogated by statute. We had the same question presented earlier in this term and without written opinion rejected the argument that sovereign immunity should be abrogated. A careful study of the arguments has again been made, and we reaffirm our former decisions.

Affirmed...

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5 cases
  • Stokes v. Kemper County Bd. of Sup'rs
    • United States
    • Mississippi Supreme Court
    • March 6, 1997
    ...to abolish sovereign immunity in personal injury case against county for negligent bridge maintenance); Owens v. Jackson Municipal Separate School District, 264 So.2d 892 (Miss.1972)(reaffirming governmental immunity from tort suit except in proprietary actions or where authorized by statut......
  • Berry v. Hinds County, 49135
    • United States
    • Mississippi Supreme Court
    • March 30, 1977
    ...at 364. Over the years since Brabham, Mississippi has steadfastly adhered to this fundamental doctrine. Owens v. Jackson Municipal Separate School District, 264 So.2d 892 (Miss.1972); Lowndes v. County, District 5 v. Mississippi State Highway Commission, 220 So.2d 349 (Miss.1969); Board of ......
  • Reed v. Evans
    • United States
    • Mississippi Supreme Court
    • August 24, 1976
    ...the board of supervisors is protected from suit by the doctrine of governmental immunity. The case of Owens v. Jackson Municipal Separte School District, 264 So.2d 892 (Miss.1972), relied upon by the board, does not apply to the present case. This is not a mere tort action but one to provid......
  • Boyd By and Through Boyd v. Gulfport Mun. Separate School Dist., 86-4392
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 15, 1987
    ...cases cited by the school district such as Ayres, Nabors, and Brookhaven do not control this case because of Owens v. Jackson Municipal Sep. School Dist., 264 So.2d 892 (Miss.1972). In Owens the Mississippi Supreme Court, in a one-paragraph opinion, affirmed the lower court ruling that the ......
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