Lewis v. The City of Raleigh.

• Decision Date: 30 June 1877
• Citation: 77 N.C. 229
• Court: North Carolina Supreme Court
• Parties: JAMES J. LEWIS, Administrator v. THE CITY OF RALEIGH.

77 N.C. 229

JAMES J. LEWIS, Administrator

v.THE CITY OF RALEIGH.

Supreme Court of North Carolina.

June Term, 1877.

CIVIL ACTION for Damages, tried at Spring Term, 1877, of WAKE Superior Court, before Buxton, J.

The plaintiff's intestate, John Godwin, was arrested by one of the policemen in the service of the defendant in June, 1875, for an alleged violation of a City ordinance, and confined in the City guard-house where he died. It was alleged that his death was caused by the unwholesome condition of the prison, occasioned by neglect of the City authorities. Upon the issues submitted the jury found the following facts:

1. John Godwin was arrested with probable cause by authority of the defendant, and imprisoned in the guardhouse.

2. The death of John Godwin was accelerated by the noxious atmosphere of said guard-house.

3. Damages, $2,000.

Upon this verdict the Court gave judgment for the plaintiff, and the defendant appealed.

Messrs. T. M. Argo and A. M. Lewis, for plaintiff .

Messrs. Busbee & Busbee and D. G. Fowle, for defendant .

READE, J.

“It shall be required by competent legislation that the structure and superintendence of penal institutions of the State, the County jails and City police prisons, secure the health and comfort of the prisoners.” Const. Art. XI. § 6.

“The Sheriff or keeper of any public prison shall every day cleanse the room of the prison, * * * and shall furnish the prisoners a plenty of good and wholesome water three times in every day, and shall find each prisoner fuel, * * * wholesome bread * * * and every necessary attendance, * * * good warm blankets or other suitable bed clothing * * * for their use and comfort, as the season or other circumstances may require.” Bat. Rev. ch. 89, § § 9, 10.

From the foregoing quotations it will appear generally what is contemplated by our Constitution and statutes shall be the treatment of prisoners. The least that is required is, that they shall have a “clean place, comfortable bedding, wholesome food and drink, and necessary attendance” This is required for all prisoners, even those who are convicted of high crimes. How much more ought it to be required for those who have not been convicted at all, and who may be innocent of any offence, as is often the case with those who are imprisoned before trial for safe keeping.

“All persons found lying on the streets in the City shall be taken and lodged in the guard-house.” Ordinance of the City of Raleigh, ch. 4, § 3.

The plaintiff's intestate was found lying on the street, and taken by the City's police and lodged in the guard-house. The guard-house is the City's guard-house, the ordinance is the City's ordinance, the officer is the City's officer--every thing was of and by the City. No question arises as to how far the City is liable for the misconduct of its officers, because the act complained of is the act of the City itself.

Was the guard-house a suitable place in which to “lodge” the deceased? The jury proved the fact that the death of the deceased was “accelerated by the noxious air of the guard-house.”

It is insisted, however, that this finding does not mean much; because, for instance, one falling in a fit in the open air and carried into the best house might be somewhat oppressed from lack of the free circulation of the open air, and his death which would have resulted out of doors in an hour might be accelerated a few moments in the house. We must see, therefore, what the facts were upon which the verdict was based. The guard-house was a small room 8x14 feet. It had no window. It had no opening connecting with the outer air or light. It had...