Opinion

Downer v. Lent

  • 6 Cal. 94
Court
California Supreme Court
Filed
Jul 1, 1856
Status
Published
Author
Heydenfeldt
On the bench
Heydenfeldt
Cited by
33 cases
Authority
More cited than 99.4%

affirmed in 275 U. S. 503 [48 Sup. Ct. 155, 72 L. Ed. 395]

How later courts described this case

  • affirmed in 275 U. S. 503 [48 Sup. Ct. 155, 72 L. Ed. 395]
  • members of a Board of Pilot Commissioners given immunity for official acts

Written by the judges who cited it.

The opinion

The opinion of the Court was delivered by Mr. Justice Heydenfeldt.

Mr. Chief Justice Murray and Mr. Justice Terry concurred.

It is beyond controversy, that the power of the Board of Pilot Commissioners is quasi judicial, and they are not civilly answerable. They are public officers to whom the law has entrusted certain duties, the performance of which requires the exercise of judgment. They are unlike a ministerial officer, whose duties are well defined, and who must fail to execute them properly at his own peril.

Whenever, from the necessity of the case, the law is obliged to trust to the sound judgment and discretion of an officer, public policy demands that he should be protected from any consequences of an erroneous judgment.

*96 The Court erred in refusing to sustain the demurrer to the declaration; and the judgement is reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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