Berberick v. City of Topeka

The opinion of the court was delivered by

Mason, J.:

Jacob Berberick was committed to the jail of Shawnee county. Some twenty-three of the other inmates organized a “kangaroo court,” as a result of the proceedings of which they assaulted him, inflicting temporary injury. He brought this action against the city of Topeka under the statute making all cities liable for damages accruing from the actions of mobs within their limits (R. S. 12-201), and recovered a judgment for $250, from which the defendant appeals.

The plaintiff relies upon the decision of this court upholding the right of a prisoner…