Nichols v. . Town of Fountain
Supreme Court of North Carolina
Appeal by plaintiff from Whedbeef J., at September Term, 1913, of Pitt. Civil action brought by plaintiff as administrator of Edward S. Nichols, deceased, to recover damages for the death of his intestate. . • . At the close of the evidence, the court sustained a motion to nonsuit. The plaintiff excepted and appealed.
1Opinion of the CourtBeowN, J.
In their brief the learned counsel for plaintiff contend that his Honor erred in granting defendant’s motion of nonsuit:
1st. For that the testimony of plaintiff establishes an actionable cause of negligence against the defendant, in that it shows:(a) That the plaintiff’s intestate was arrested in defendant town while in a state of intoxication, and was placed, while dead drunk, in defendant’s town lock-up, which said lock-up was located in the second story of a woo'den building.(b) That plaintiff’s intestate was in an unconscious condition, and in said condition was locked in a cell, without…
2Cases cited4 opinions
- McIlhenney v. City of WilmingtonSupreme Court of North Carolina · 1900
- Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
- Brown"s Adm'r v. Town of GuyandotteWest Virginia Supreme Court · 1890
- Shields v. Town of DurhamSupreme Court of North Carolina · 1895
3Cited by12 opinions
- Parson v. Texas CityCourt of Appeals of Texas · 1953
- Brown v. City of CraigSupreme Court of Missouri · 1943
- Moffitt v. . AshevilleSupreme Court of North Carolina · 1889
- Parks v. Town of PrincetonSupreme Court of North Carolina · 1940
- Rhyne v. Town of Mount HollySupreme Court of North Carolina · 1960
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