Gunther v. Johnson
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Westchester county. Action by Wilhelmina Gunther, as administratrix of the estate of Charles Flag, deceased, against Addison Johnson, as sheriff. There was a judgment for defendant, and plaintiff appeals.
1Opinion of the CourtGoodrich, P. J.
The questions involved in this appeal have the benefit of novelty. On January 9, 1897, the plaintiff’s intestate and son, Charles Flag, was committed to the county jail of Westchester county to await the action of the grand jury on a charge of grand larceny, and while there was in the custody of the defendant, as sheriff of the county. There was also in the jail a colored man, Henry Williams, who had been committed to the jail for 30 days, as a vagrant. Williams occupied a cell in the ground tier, and Flag in an upper tier. The tiers of cells face a quadrangle or corridor, to which the…
2Cases cited2 opinions
- Asher v. CabellCourt of Appeals for the Fifth Circuit · 1892
- Hixon v. CuppSupreme Court of Oklahoma · 1897
3Cited by9 opinions
- Sheffield v. TurnerUtah Supreme Court · 2003
- Justice v. RoseOhio Court of Appeals · 1957
- Riggs v. GermanWashington Supreme Court · 1914
- Muniz v. United StatesDistrict Court, S.D. New York · 1968
- Parker v. StateLouisiana Court of Appeal · 1972
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