Kirby v. Harker
Supreme Court of Iowa
Appeal from Qreene District Court. — Hon. F. M. Powers, Judge. Suit to recover damages for false imprisonment. There was a directed verdict for the defendant, and, from a judgment thereon, the plaintiff appeals.
1Opinion of the CourtSherwin, J.
The plaintiff was quarantined for smallpox in his own home from the 1st' day of June until the 3d day of July, 1901. The defendant was at that time mayor of Grand Junction, and, by virtue of said office, the president of the local board of health. This suit is to recover damages for the restraint; the plaintiff alleging in his pleading that it was illegal and malicious.
The facts are substantially as follows: A rumor reached the defendant that the plaintiff was sick, and on the 30th or 31st of May he went to see him. After the call, the defendant immediately notified the health physician of…
2Cases cited3 opinions
- Valentine v. City of EnglewoodSupreme Court of New Jersey · 1908
- Beeks v. Dickinson CountySupreme Court of Iowa · 1906
- State v. KirbySupreme Court of Iowa · 1903
3Cited by3 opinions
- Dunshee v. Standard Oil CompanySupreme Court of Iowa · 1914
- State v. RacskowskiSupreme Court of Connecticut · 1913
- Eugene Sikora v. State of Iowa and Dr. Beth Skinner, in her official capacity as Director of the Iowa Department of CorrectionsSupreme Court of Iowa · 2025