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 CourtListenerCited by
31 cases in this archive cite this case; the 20 most cited are listed.
- Gregoire v. City of Oak HarborWashington Supreme Court· 2010-12-02· cited 63×
- Hunt v. King CountyCourt of Appeals of Washington· 1971-01-04· cited 49×
- Shea v. City of SpokaneCourt of Appeals of Washington· 1977-04-01· cited 47×
- Pavish v. MeyersWashington Supreme Court· 1924-05-09· cited 42×
- Sheffield v. TurnerUtah Supreme Court· 2003-01-02· cited 40×
- Anderson v. DaltonWashington Supreme Court· 1952-07-31· cited 38×
- McGuire v. AlmyMassachusetts Supreme Judicial Court· 1937-05-25· cited 35×
- St. Julian v. StateLouisiana Court of Appeal· 1957-11-19· cited 31×
- Harris v. StateSupreme Court of New Jersey· 1972-12-04· cited 30×
- Henry Winston v. United StatesSecond Circuit· 1962-06-28· cited 23×
- O'DELL v. GoodsellNebraska Supreme Court· 1950-02-03· cited 23×
- Tomfohr v. Mayo FoundationSupreme Court of Minnesota· 1990-01-12· cited 23×
- Rajspic v. Nationwide Mutual InsuranceIdaho Supreme Court· 1983-03-09· cited 23×
- Kendrick v. AdamsonCourt of Appeals of Georgia· 1935-06-15· cited 23×
- Winston v. Department of CorrectionsCourt of Appeals of Washington· 2005-08-25· cited 22×
- Smith v. MillerSupreme Court of Iowa· 1950-01-10· cited 18×
- Coles v. McNamaraWashington Supreme Court· 1924-11-21· cited 18×
- In re Pers. Restraint of WilliamsWashington Supreme Court· 2021-10-07· cited 15×
- Muniz v. United StatesS.D. New York· 1968-02-21· cited 14×
- O'Dell v. GoodsellNebraska Supreme Court· 1948-02-06· cited 13×
Cites
5 cases in this archive are cited by this case.
- State ex rel. Tyler v. GobinU.S. Circuit Court for the District of Indiana· 1899-05-16· cited 30×
- Riggs v. GermanWashington Supreme Court· 1914-08-11· cited 20×
- Emery v. LittlejohnWashington Supreme Court· 1915-01-08· cited 14×
- McPhee v. United States Fidelity & Guaranty Co.Washington Supreme Court· 1909-03-09· cited 8×
- Peterson v. MorrisU.S. Circuit Court for the Northern District of Illnois· 1899-11-25· cited 1×
Sourced from CourtListener / Free Law Project (CC0).
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