Legal Opinion

Johnson v. Williams' Admr.

Court of Appeals of Kentucky

Decided June 14, 1901PublishedCited by 37 opinions

Case 34 — Action on Sheriff’s Official Bond for Negligent Killing of Plaintiff’s Intestate APPEAL FROM HICKMAN CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. That Charlie Williams was killed by the two deputies is admitted. The killing took place about midnight of' February ■5, 1897, on a public road in Fulton county while the deputies were in pursuit of Dave Browder, an escaped murderer.

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Case 34 — Action on Sheriff’s Official Bond for Negligent Killing of Plaintiff’s Intestate APPEAL FROM HICKMAN CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. That Charlie Williams was killed by the two deputies is admitted. The killing took place about midnight of' February ■5, 1897, on a public road in Fulton county while the deputies were in pursuit of Dave Browder, an escaped murderer. Owing to the fact that decedent’s voice resembled Browder’s and that he was coming from the direction that Browder had gone; that ■he was leading a white horse such as Browder was last seen…

1Opinion of the Court

Opinion op the court by

CHIEF JUSTICE PAYNTER

Affirming.

This action was instituted by the appellee against the appellant, T. H. Johnson, sheriff, and the sureties in his bond, for the alleged negligent killing of the intestate, Charles Williams, by two of his deputies. Dave Browder murdered a negro. Ernest Johnson and H. C. Judge were' deputies under Johnson, and were sent to arrest him for the crime which he had committed. They went to Casye, a small village, where Browder seems to have lived, with the view of accomplishing his arrest. It was there ascertained that he had gone to Moscow, a…

2Cases cited9 opinions

  1. West v. CabellSupreme Court of the United States · 1894
  2. Lammon v. FeusierSupreme Court of the United States · 1884
  3. Brown v. WeaverMississippi Supreme Court · 1898
  4. People ex rel. Norris v. MersereauMichigan Supreme Court · 1889
  5. Welter v. JacobsonNorth Dakota Supreme Court · 1897

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3Cited by37 opinions

  1. Jones v. Van BeverCourt of Appeals of Kentucky · 1915
  2. Abbott v. CooperCalifornia Supreme Court · 1933
  3. McCutchen v. HillArizona Supreme Court · 1985
  4. McKeon v. National Casualty Co.Missouri Court of Appeals · 1925
  5. Maryland Casualty Co. v. BakerCourt of Appeals of Kentucky (pre-1976) · 1947

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