Legal Opinion

Brown"s Adm'r v. Town of Guyandotte

West Virginia Supreme Court

Decided December 3, 1890PublishedCited by 32 opinions

cited Code c. 41, s. 43; 13 La. Ann. 275 ; 89 Mo. 208. cited: 17 Gratt. 375 ; 8 W. Va. 353; 5 La. Aun. 100; 9 La. Ann. 461; 31 Ala. 469; 18 Gratt. 344; 28 Gratt. 344; Dill. Mun. Corp. 971-981; 1 Allen. 172; Code c. 103.

1Opinion of the Court

Brannon, Judge:

Phillip Brown, administrator of Frank Brown, deceased, brought an action on the case against the town of Guyandotte in the Circuit Court of Cabell county to recover damages for injury to Frank Brown while confined in the lock-up of that town, caused by the burning of the jail, from which injury Brown died. The defendant’s demurrer to the declaration was sustained, and judgment *300rendered for the defendant; and this is a writ of error to that judgment obtained by said plaintiff.

The declaration alleged, in substance, that the town had a jail or lock-up, wherein it was accustomed to…

2Cases cited4 opinions

  1. Murtaugh v. City of St. LouisSupreme Court of Missouri · 1869
  2. Dargan v. Mayor of MobileSupreme Court of Alabama · 1858
  3. Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
  4. Stewart v. City of New OrleansSupreme Court of Louisiana · 1854

3Cited by32 opinions

  1. Long v. City of WeirtonWest Virginia Supreme Court · 1975
  2. State Ex Rel. Cashman v. SimsWest Virginia Supreme Court · 1947
  3. Ritz v. City of WheelingWest Virginia Supreme Court · 1898
  4. Hayes v. Town of Cedar GroveWest Virginia Supreme Court · 1944
  5. Wilcox v. . City of RochesterNew York Court of Appeals · 1907

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