La Clef v. City of Concordia
Supreme Court of Kansas
Error from Cloud District Court. Action brought by the plaintiff to recover $5,000 damages, which he alleges he sustained by reason of being committed to the city prison of the city of Concordia, by the defendant.
Read the full summary
Error from Cloud District Court. Action brought by the plaintiff to recover $5,000 damages, which he alleges he sustained by reason of being committed to the city prison of the city of Concordia, by the defendant. In his petition the plaintiff alleges that on the 15th day of November, 1884, he was arrested, charged with the offense of disturbing the peace and quiet of the city of Concordia; was tried and found guilty of such offense, fined in the sum of $3, and adjudged to pay the costs; and on account of his poverty he was unable to pay the same, and was upon a commitment issued by the…
1Opinion of the Court
Opinion by
Clogston, O.:
For the purposes of this case it will be presumed that the plaintiff has sustained the injuries complained of, and that his petition is in all respects sufficient to entitle him to recover, if the city is liable for this class of injuries. It has already been held in this state that counties are not liable for injuries of this kind. (Pfefferle v. Comm’rs of Lyon Co., 39 Kas. 432.) And this seems to be the doctrine universally held elsewhere. (Wehn v. Gage, 5 Neb. 494; Crowell v. Sonoma Co., 25 Cal. 313; Miller v. Lron Co., 29 Mo. 122; Waltham v. Kemper, 55 Ill. 346;…
2Cases cited12 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Town of Waltham v. KemperIllinois Supreme Court · 1870
- Brabham v. Board of SupervisorsMississippi Supreme Court · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Harper v. City of TopekaSupreme Court of Kansas · 1914
- Wilcox v. . City of RochesterNew York Court of Appeals · 1907
- Gray v. Mayor of GriffinSupreme Court of Georgia · 1900
- Rose v. City of GypsumSupreme Court of Kansas · 1919
- Franklin v. Town of RichlandsSupreme Court of Virginia · 1933
16 more not listed; retrieve them via the Exa API.