Legal Opinion

Pfefferle v. Board of Commissioners

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 14 opinions

Error from Lyon District Court. Oswald Peekerle commenced an action in the district court of Lyon county against the board of county commissioners of that county, and in such action filed the following petition, (omitting title and signature,) to wit: “The plaintiff'in the above-entitled cause, for his cause of action against the said defendant, states that the said defendant was, is and for more than five years last past has been, a duly organized county of the state of…

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Error from Lyon District Court. Oswald Peekerle commenced an action in the district court of Lyon county against the board of county commissioners of that county, and in such action filed the following petition, (omitting title and signature,) to wit: “The plaintiff'in the above-entitled cause, for his cause of action against the said defendant, states that the said defendant was, is and for more than five years last past has been, a duly organized county of the state of Kansas for judicial purposes under the name of Lyon county, situate in the fifth judicial district of the state of Kansas;…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

For the purposes of this case we shall assume that all the matters and things set forth in the plaintiff's petition filed in the court below are true, although it can scarcely be conceived that a county jail in any county of this state would be permitted to be and remain in the condition in which the county jail in the present instance is alleged to be. The question then arises: Is a county liable for negligently permitting its jail to become and remain in such a bad and unwholesome condition that its inmates must necessarily become sick…

2Cases cited2 opinions

  1. Hannon v. County of St. LouisSupreme Court of Missouri · 1876
  2. Moulton v. Inhabitants of ScarboroughSupreme Judicial Court of Maine · 1880

3Cited by14 opinions

  1. Harper v. City of TopekaSupreme Court of Kansas · 1914
  2. La Clef v. City of ConcordiaSupreme Court of Kansas · 1889
  3. Parker v. City of HutchinsonSupreme Court of Kansas · 1966
  4. Foster v. Capital Gas & Electric Co.Supreme Court of Kansas · 1928
  5. Kretchmar v. City of AtchisonSupreme Court of Kansas · 1931

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