Nisbet v. City of Atlanta, 25 S.E. 173 (Ga. 1896). · Go Syfert
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Nisbet v. City of Atlanta, 25 S.E. 173 (Ga. 1896). Cases Citing This Book View Copy Cite
58 citation events (6 in the last 25 years) across 12 distinct courts.
Strongest positive: Harrison Co. v. City of Atlanta, 107 S.E. 83 (Ga. Ct. App. 1921)
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97 Ga. at 653 Municipal corporation exercising governmental powers and duties1 citing caseof such prisoner. This is true because, in such matters, the municipal corporation is exercising governmental powers and. discharging governmental duties, in…opening of page *653 (no citing court says what it cites this page for)
  • Harrison Co. v. City of Atlanta, 107 S.E. 83 (Ga. Ct. App. 1921).published
    Corp. § 2669.” The principle announced in the Love case has been referred to with approval in a number of cases, among them Nisbet v. City of Atlanta, 97 Ga. 650, 653 ( 25 S. E. 173 ); Ison v. Mayor &c. of Griffin, 98 Ga. 623, 626 ( 25 S.…
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Nisbet
v.
The City of Atlanta
Supreme Court of Georgia.
Jan 13, 1896.
Published opinion
25 S.E. 173
E. A. Angler, for plaintiff. J. A. Anderson and George Westmoreland, for defendant.
Lumpkin.
Cited by 26 opinions  |  Published
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] of 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.