Shields v. Town of Durham
Supreme Court of North Carolina
Civil aotioN, to recover damages sustained by plaintiff, while incarcerated in tlie guard-house of the Town of Durham, tried before PoJce, I., and a jury, at August Term, 1894, of Due ham Superior Court, having been removed to that Court, on a motion for a change of venue, from Orange County where is was begun.
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Civil aotioN, to recover damages sustained by plaintiff, while incarcerated in tlie guard-house of the Town of Durham, tried before PoJce, I., and a jury, at August Term, 1894, of Due ham Superior Court, having been removed to that Court, on a motion for a change of venue, from Orange County where is was begun. The complaint was as follows : The plaintiff complaining alleges : “I. That the Town of Durham is a municipal corporation, created by the State of North Carolina, having the power and authority among its many powers to appoint police officers or constables for the municipality, and…
1Opinion of the Court
MONTGOMERY, J.:
In actions of this nature, this Court has decided in Moffitt v. Asheville, 103 N. C., 237, that cities and towns “are liable in damages only for a failure, either to so construct their prisons, or so provide them with fuel, bed-clothing, heating apparatus, attendants and pther things necessary as to- secure to the prisoners committed to them a reasonable degree of comfort, and protect them from such actual bodily suffering as would injure their health.” If the aldermen of the city built a reasonably comfortable police prison and afterwards furnished to those who had immediate…
2Cited by9 opinions
- Gray v. Mayor of GriffinSupreme Court of Georgia · 1900
- Shields v. Town of DurhamSupreme Court of North Carolina · 1896
- Parks v. Town of PrincetonSupreme Court of North Carolina · 1940
- State ex rel. Hayes v. BillingsSupreme Court of North Carolina · 1954
- Nichols v. . Town of FountainSupreme Court of North Carolina · 1914
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