Legal Opinion

Shields v. Town of Durham

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 22 opinions

AotioN for damages for unlawful detention in guard house of defendant, tried before StarbucJc, J., at October Term, 1895, of Durham Superior Court.

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AotioN for damages for unlawful detention in guard house of defendant, tried before StarbucJc, J., at October Term, 1895, of Durham Superior Court. The issues submitted were: “1. Was plaintiff injured by tlie negligence of the defendant? “ 2. What damage is plaintiff entitled to recover? ” After the close of the evidence and the jury had been addressed by two of the counsel for plaintiff and one for defendant, and during the address of another of the counsel for defendant, his Honor stated that, it being conceded by plaintiff that defendant had given general instruction to chief of police to…

1Opinion of the Court

Furches, J.:

This is an action to recover damages for injuries sustained by plaintiff on account of his imprisonment by defendant in a guard house, improperly constructed, filthy and uncomfortable, without sufficient bed-clothing, with window glass out, on a cold-freezing winter night, from which he suffered great pain, and his feet were frozen and his health greatly impaired. The court intimated the opinion, after the evidence was all in, that the plaintiff could not recover, and in deference thereto the plaintiff suffered a non-suit and appealed.

'Although this case has been tried twice…

2Cases cited3 opinions

  1. Commercial Bank v. BurgwynSupreme Court of North Carolina · 1892
  2. Lewis v. City of RaleighSupreme Court of North Carolina · 1877
  3. Shields v. Town of DurhamSupreme Court of North Carolina · 1895

3Cited by22 opinions

  1. Wilcox v. . City of RochesterNew York Court of Appeals · 1907
  2. Condon v. City of ChicagoIllinois Supreme Court · 1911
  3. Lewis v. City of MiamiSupreme Court of Florida · 1937
  4. Sugg v. . GreenvilleSupreme Court of North Carolina · 1915
  5. Williams v. City of JacksonvilleSupreme Court of Florida · 1935

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