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Kusah v. McCorkle

Citations

  • 100 Wash. 318
  • 170 P. 1023
  • 1918 Wash. LEXIS 746

Syllabus

<p>Insane Persons—Liability for Tort. A prisoner, although insane, is liable in tort for an assault committed upon a fellow prisoner.</p> <p>Sheriffs and Constables—Duty as to Prisoners—Negligence— Liability. Under Rem. Code, §§ 8499, 8500, and 3990, which are but declaratory of the common law, the duty of a sheriff and his deputy to a prisoner committed to his custody is to exercise reasonable and ordinary care to protect his life and health.</p> <p>Same—Custody of Prisoners—Negligence—Question for Jury. Whether it was negligence for a sheriff’s deputy to place an insane suspect in a cell with other prisoners without searching him and taking away his knife, is a question of fact for the jury, where he was declared to be mild and inoffensive and showed no violent tendencies.</p> <p>Same—Liability for Acts of Deputy—Injuries to Prisoner. A sheriff is responsible for the negligence of his deputy in the performance of his duty as such, and where an insane suspect was committed by a warrant, it cannot be said that the deputy’s failure to search him when he was brought in was an unauthorized act of the deputy.</p> <p>Same—Custody of Prisoner—Liability of Surety on Bond. In such a case, if the sheriff is found guilty of negligence, the surety on his bond would be liable to the extent of the bond, conditioned for the faithful performance of his duties.</p> <p>Same-—Injuries .to Prisoner—Contributory Negligence. A prisoner in jail, attacked by an insane person with a knife, is not guilty of contributory negligence in that he was charged with knowledge of the possession of a knife by the insane person or of the sheriff’s negligence in omitting to make a search.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $1,000 for injuries sustained in an assault with a knife, is excessive, when based upon a statement of a physician that a knife wound had resulted in “wrist drop,” where such witness did not see the wound until 30 days after it was inflicted, and al

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • special duty rendered sheriff liable for one jailed person’s attack on another

Source: CourtListener parenthetical corpus (CC0).

Judges: Ellis, Holcomb, Morris, Mount

Read full opinion on CourtListener

Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

5 cases in this archive are cited by this case.

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