Robison v. State Board of Control

G. H. A. KUNST, JUDGE,

concurring in part.

I concur in Judge Bland’s opinion that negligence of respondent contributing to the escape of this convict is not proven; also that an award should be denied claimant.

I do not concur in the doctrine that if negligence of respondent contributing directly to his escape had been fully shown that respondent would have incurred liability.

Kuhns v. Fair, 124 W. Va. 761; 22 S. E. (2d) 455, holds that the custodian of convicts is not personally liable for a tort committed by a convict, unless, by breach of duty, he directly participated in the commission of the…