Lindley v. Polk County
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. P. Conrad, Judge. This is an action at law to recover damages by reason of alleged wrongs done to the plaintiff in keeping him in an unhealthy, filthy, and unventilated and improperly constructed jail in said county. There was a demurrer to the petition, which was sustained, and plaintiff appeals. A county is liable for a tort, and can he made to •answer in damages for a tort when the injury complained ■of is a personal injury.
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Appeal from Polk District Court. — Hon. W. P. Conrad, Judge. This is an action at law to recover damages by reason of alleged wrongs done to the plaintiff in keeping him in an unhealthy, filthy, and unventilated and improperly constructed jail in said county. There was a demurrer to the petition, which was sustained, and plaintiff appeals. A county is liable for a tort, and can he made to •answer in damages for a tort when the injury complained ■of is a personal injury. May v. County of Mercer, 30 Fed. Eep. 240; Code, sec. 279; Wilsonv. Jefferson Co., 13 Iowa, 181; Brown v. Jefferson Co., 16…
1Opinion of the CourtRothkock, J.
The plaintiff in his petition denounces the said jail at great length. It appears therefrom that he was indicted for forgery, and was. confined in said jail upon said charge from March 12,. 1886, to July second of the same year, when the indictment was dismissed by the prosecuting attorney. It appears from the averments of the petition that the-jail is in the basement of the county courthouse, and that it is an unfit place to confine prisoners, and that, by reason of the unhealthy condition thereof during the-plaintiff’s confinement therein he suffered greatly in his health, and that he was…
2Cases cited2 opinions
- Kincaid v. Hardin CountySupreme Court of Iowa · 1880
- Green v. Harrison CountySupreme Court of Iowa · 1883
3Cited by11 opinions
- Shirkey v. Keokuk CountySupreme Court of Iowa · 1937
- Wittmer v. LettsSupreme Court of Iowa · 1957
- Gibson v. Sioux CountySupreme Court of Iowa · 1918
- Hilgers v. Woodbury CountySupreme Court of Iowa · 1925
- Post v. Davis CountySupreme Court of Iowa · 1922
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