Legal Opinion

Hite v. Whitley County Court

Court of Appeals of Kentucky

Decided January 27, 1891PublishedCited by 10 opinions

Case 27 — PETITION ORDINARY — APPEAL FROM WHITLEY COURT OF COMMON PLEAS. No brief in record. No action can be maintained against a county for failure to erect and keep in repair a good and sufficient county jail. Such an action is allowed only against the members of the county court whose names do not appear in favor thereof. (Gen. Stats., chap. 28, art. 17, sec. 4.)

1Opinion of the CourtChief Justice Holt

The appellant, Mollie Hite, claiming that her eyesight and health had been impaired by confinement in the Whitley county jail, brought this action against the Whitley County Court and the jailer, J. L. Jones, to recover damages, upon the ground that the court had negligently failed to erect and keep in repair a good jail, and one supplied with proper heating apparatus, and that the jailer had neglected to keep the one which was provided comfortably warm, and in proper condition otherwise. Without objection or exception from her, she was ruled to elect whether *169she would proceed against the…

2Cases cited2 opinions

  1. Downing v. Mason CountyCourt of Appeals of Kentucky · 1888
  2. Wehn v. Commissioners of Gage CountyNebraska Supreme Court · 1877

3Cited by10 opinions

  1. Yanero v. DavisKentucky Supreme Court · 2001
  2. Simons v. GregoryCourt of Appeals of Kentucky · 1905
  3. Commonwealth ex rel. Devoe v. BaskeCourt of Appeals of Kentucky · 1907
  4. Marion County v. Rives & McChordCourt of Appeals of Kentucky · 1909
  5. Blue Grass Traction Co. v. GroverCourt of Appeals of Kentucky · 1909

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