Massengill v. Yuma County7/1/1969
. 385 (4th ed.). See also, Annala v. McLeod, 122 Mont. 498, 206 P.2d 811; Jacobson v. McMillan, 64 Idaho 351, 132 P.2d 773; Tomlinson v. Pierce, 178 Cal.App.2d 112, 2 Cal.Rptr. 700; Libertella v. Maenza, 21 Misc.2d 317, 191 N.Y.S.2d 191, aff'd., 16 A.D.2d 831, 229 N.Y.S.2d 299; Scott v. City of New York, 2 A.D.2d 854, 155 N.Y.S.2d 787, aff'd., 9 N.Y.2d 764, 215 N.Y.S.2d 72, 174 N.E.2d 745; Leger v. Kelley, 19 Conn.Sup. 167, 110 A.2d 635, aff'd., 142 Conn. 585, 116 A.2d 429; Mechem, Public Officers §§ 598-600; 65 C.J.S. Negligence § 4(8).
In Leger v. Kelley, supra, after discussing sovereign immunity of the defendant as commissioner of motor vehicles, the court resolved, in the defendant's favor, the question of his individual responsibility for alleged negligence of his duties as follows:
"'* * * The failure of a public officer to perform a public duty can constitute an individual wrong only when some person can show that in the public duty was involved also a duty to himself as an individual, and that he has suffered a special and peculiar injury by reason of its nonperformance.' 2 Cooley, Torts (4th Ed.) p. 385; see also 43 Am.Jur. 84.
"The law seems to be clear that if the duty discharged is a public duty and not a duty which the individuals owe to any particular person, then by their negligence or wanton or wilful omission in the performance of this public duty, the officers are not liable except to the state. People of State of Illinois for use of Trust Co. of Chicago v. Maryland Casualty Co., 7 Cir., 132 F.2d 850, 852. 'Before he [an officer] can be made liable for omitting to do something, the obligation to do it must be absolute, specific and imperative. The duty must also be one owing to the person injured by his nonfeasance.' 2 Shearman & Redfield, Negligence (Rev.Ed.) p. 804; see also Budrow v. Lynch, 7 Conn.Sup. 318-320. The statutory duty must be owing to the person injured, and not to someone else in order that a violation thereof shall constitute actionable negligence. Longstean v. Owen McCaffrey's Sons, 95 Conn. 486, 494, 111 A. 788." Leger v. Kelley, 110 A.2d at 638.
Perhaps this rule can best be clarified by its exception. In Schuster v. City of New York, 5 N.Y.2d 75, 180 N.Y.S.2d 265, 154 N.E.2d 534, the plaintiff's intestate, Arnold Schuster, responded to widely-published notices calling upon all private citizens to report to the public authorities the whereabouts of one Willie Sutton, a nationally-sought criminal . As a result of Schuster's well-publicized assistance Sutton was apprehended,
and also as a result Schuster was shot to death some three weeks later after having received threats on his life. These threats had been communicated to the authorities who made light of them and refused protection which Schuster had demanded. The court said:
"The single issue now presented is whether a municipality is under any duty to exercise reasonable care for the protection of a person in Schuster's situation. Predictions of dire financial consequences to municipalities are waved in our faces if Schuster's estate is allowed to recover for his death. An array of authorities is cited on the proposition that there is no liability to the general public from failure of police or fire protection (Murrain v. Wilson Line, 270 App.Div. 372, 59 N.Y.S.2d 750, affirmed 296 N.Y. 845, 72 N.E.2d 29; Steitz v. City of Beacon, 295 N.Y. 51, 64 N.E.2d 704, 163 A.L.R. 342; Moch Co. v. Rensselaer Water Co., 247 N.Y. 160, 159 N.E. 896, 62 A.L.R. 1199; Rocco v. City of New York, 282 App.Div. 1012, 126 N.Y.S.2d 198). One might think that the floodgates of liability have been opened in negligence and comp
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