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
Recommended Citation
Manny, Eliyahu; Witkon, Alfred; and Agranat, Shimon, "State of Israel v. Schwarz" (1963). Translated Opinions. 368.
https://larc.cardozo.yu.edu/iscp-opinions/368