Jones v. City of Corbin
| Decision Date | 10 January 1907 |
| Citation | 98 S.W. 1002 |
| Parties | JONES v. CITY OF CORBIN. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Whitley County.
"Not to be officially reported."
Action by C. L. Jones against the city of Corbin. From a judgment of dismissal, plaintiff appeals. Affirmed.
J. G. Mealer and Tye, Denham & Jackson, for appellant.
J. C. Maynor and K. D. Perkins, for appellee.
The appellant, C. L. Jones, was arrested for drunkenness by the marshal of the city of Corbin, and locked up in the city jail or station house, where he remained over night. He claims that the place of his confinement was not sufficiently heated. and he thereby contracted a deep-seated cold, which has seriously impaired his health. His petition admits the lawfulness of his arrest and his guilt of the offense with which he was charged, but claims damages for the wrongful failure on the part of the city to keep the prison room comfortable during his incarceration. A general demurrer was sustained to the petition, and, upon his failure to amend, it was dismissed by the court.
The maintenance of a municipal court and prison is in pursuance of the city's governmental functions, and, in so doing, it is but an arm of the state in upholding the public peace and safety. The principle is well established that municipal corporations are not liable either for the nonfeasance or malfeasance of their public officers in the discharge of their governmental functions. Dudley v. City of Flemingsburg, 72 S.W. 327, 24 Ky. Law Rep. 1804, 60 L. R. A. 57; Having v. City of Covington, 78 S.W. 431, 25 Ky. Law Rep. 1617; Twyman's Adm'r v. Frankfort, 78 S.W. 446, 25 Ky. Law Rep. 1620; Simons v. Gregory, 85 S.W. 751, 27 Ky. Law Rep. 509; Ernst v. West Covington, 76 S.W. 1089, 25 Ky. Law Rep. 1027, 63 L. R. A. 652.
Judgment affirmed.
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Browder v. City of Henderson
...maintaining this guardhouse it was not engaged in the discharge of a public duty as an arm of the state. Quoting from Jones v. City of Corbin, 30 Rep. 374, 98 S. W. 1002, the court "The maintenance of a municipal court and prison is in pursuance of the city's governmental functions, and in ......
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Braunstein v. City of Louisville
... ... reason of their negligence. But the liability of the city for ... their wrongful acts is a different matter. In Jones v ... Corbin, 98 S.W. 1002, Jones was locked up in the city ... station house, and while there took a deepseated cold, ... because the city ... ...