Wood v. Cox

ROTH, J.,

pro tem.

John W. Wood, now deceased, on December 31, 1933, was arrested in the City of Huntington Park

[653]

by two of its police officers, after a collision with another automobile. He was charged with being drunk on a public street, in violation of an ordinance of the City of Huntington Park, and was lodged in the jail of the City of Maywood. At the time of incarceration, he was unconscious and remained in that condition for a period of three hours while in confinement, •and then died. An autopsy showed that death was caused by a ruptured blood vessel in his pancreas. During the time of confinement, inmates of the same jail repeatedly requested that a doctor be called. No doctor was called and no medical assistance was rendered. Plaintiff and appellant is the wife of deceased, who, within a year, pursuant to section 377 of the Code of Civil Procedure, brought this action for wrongful death. The defendants named are the Cities of Maywood and Huntington Park, the respective couneilmen and chiefs of police of said cities, and the two arresting officers. The general demurrers of the two cities and the respective couneilmen thereof wjere sustained without leave to amend and a judgment of dismissal as to said cities and said couneilmen was entered thereon. This appeal is from that judgment.

The sole question presented is whether a municipality can be held liable in damages for the negligent acts of its police officers acting in a governmental capacity. We are compelled by the authorities to answer the question in the negative.

(Chafor

v.

City of Long Beach,

174 Cal. 478, 487 [163 Pac. 670, Ann. Cas. 1918D, 106, L. R. A. 1917E, 685];

Davoust

v.

City of Alameda,

149 Cal. 69, 70 [84 Pac. 760, 9 Ann. Cas. 847, 5 L. R. A. (N. S.) 536];

Dobbins