Case Number

CA 358/63, CA 362/63

Date Decided

12-31-1963

Decision Type

Appellate

Document Type

Full Opinion

Abstract

Joseph Schwarz sued the State. the Governor of Shatta Prison and several warders for damages for injuries he had sustained from blows whilst under arrest and in prison. Against the State he claimed vicarious liability. In the District Court he was successful on the ground that the acts perpetrated were done by an organ of the State and impliedly with its permission. The State appealed.

Held: The State, like every other corporate body, may become vicariously liable in tort for the acts of its servants done in the course of their duties. It may also become liable by express authorization or ratification of acts not coming within such duties.

Keywords

Constitutional Law -- Prisoners’ Rights, Torts

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