Legal Opinion

Gunther v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 10 opinions

Appeal by the plaintiff, Wilhelmina Gunther, as administratrix, etc., of Charles Plag, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 13th day of January, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Westchester Trial Term.

1Opinion of the Court

Goodrich, P. J.:

- The questions involved in this appeal have the benefit of novelty. On January 9, 1897, the plaintiff’s intestate and son, Charles Plag, was committed to the county jail of Westchester county, to await. *438the 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 thirty days as a vagrant. Williams-occupied a cell in the ground tier, and Plag. in an upper tier. The-tiers of cells face a quadrangle or…

2Cases cited1 opinion

  1. Hixon v. CuppSupreme Court of Oklahoma · 1897

3Cited by10 opinions

  1. Sheffield v. TurnerUtah Supreme Court · 2003
  2. St. Julian v. StateLouisiana Court of Appeal · 1957
  3. Harris v. StateSupreme Court of New Jersey · 1972
  4. Riggs v. GermanWashington Supreme Court · 1914
  5. Muniz v. United StatesDistrict Court, S.D. New York · 1968

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