View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Kentucky Kentucky Law Journal Volume 40 | Issue 2 Article 1 1951 The orT t Liability of American Municipalities Chester James Antieau Washburn University Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the State and Local Government Law Commons, and the Torts Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Antieau, Chester James (1951) "The orT t Liability of American Municipalities," Kentucky Law Journal: Vol. 40 : Iss. 2 , Article 1. Available at: https://uknowledge.uky.edu/klj/vol40/iss2/1 This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact
[email protected]. THE TORT LIABILITY OF AMERICAN MUNICIPALITIES* By CHESTER JAMES ANTIEAUT * For torts committed in the performance of activities ultra vires the municipal corporation, the city is customarily immune from liability.1 The great majority of courts further deny municipal liability when negligent torts are committed beyond the author ized powers of particular agents, but infra vires the municipal corporation,2 although there are well-reasoned cases contra. 3 Al- though cities are occasionally held responsible for the wilful torts of employees, 4 the majority rule is contrary - Municipalities have by adoption or ratification been held liable for torts of agents un- authorized but within the power of the municipal corporation.6 Municipalities are regularly not liable for torts when the actor is an independent contractor.