Supreme Court of Florida, 1945

Bradley v. City of Jacksonville

Supreme Court of Florida · Decided October 23, 1945 · Chapman, Brown, Thomas, Sebring

23 So. 2d 626; 156 Fla. 493; 1945 Fla. LEXIS 904 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

City of Miami v. Bethel (Fla. 1953)
Charlton v. City of Hialeah (5th Cir. 1951)
Cauley v. City of Jacksonville (Fla. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Concurring Opinion

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 If that common law doctrine is to be repealed, it would appear to be a legislative function.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.

Opinion of the Court

PER CURIAM:

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.

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