Wilson v. City of Macon

• Decision Date: 15 February 1892
• Citation: 14 S.E. 710,88 Ga. 455
• Parties: WILSON v. MAYOR, ETC., OF CITY OF MACON.
• Court: Georgia Supreme Court

14 S.E. 710

88 Ga. 455

WILSON v. MAYOR, ETC., OF CITY OF MACON.

Supreme Court of Georgia

February 15, 1892

Syllabus by the Court.

A municipal corporation is not liable for personal injuries sustained by one prisoner at the hands of another confined in the same cell or room of the city prison, notwithstanding the police officer who arrested the plaintiff, and put him in prison, may have been guilty of wrong or negligence in confining him with an intoxicated fellow-prisoner, who was on that account violent and dangerous. Cook v. City of Macon, 54 Ga. 468; Harris v. Atlanta, 62 Ga 290; McElroy v. Albany, 65 Ga. 387; Attaway v Cartersville, 68 Ga. 740; Davis v. Mayor, etc. (Tenn.) 18 S.W. 254; 2 Dill. Mun. Corp. (4th Ed.) § 975; Cooley, Torts, *620 et seq.; Shear. & R. Neg. (4th Ed.) §§ 253, 260; 15 Amer. & Eng. Enc. Law, 1141 et seq.

Error from city court of Macon; JOHN P. ROSS, Judge.

Action by Andrew Wilson against the mayor and council of the city of Macon to recover for personal injuries received by plaintiff at the hands of a fellow-prisoner while confined in the city prison. Judgment for defendant. Plaintiff brings error. Affirmed.

The following is the official report:

The declaration of Wilson was demurred to upon the ground that it did not set out a cause of action. The demurrer was sustained, and to this he excepted. The declaration named the mayor and council of the city of Macon as defendant, and alleged that it had injured and damaged plaintiff $1,000, for that on December 18, 1889, he was quietly sitting on the side of the street, when he was arrested by one of the police officers of the city of Macon, and delivered to one of the agents and servants of said city, who was charged with the duty of keeping the city prison, and was, by the agents and servants of said city, placed and confined in a small cell in which was already confined one J. H. Bernard, a man of great muscular power, and far superior to petitioner physically, and who was at the time partially intoxicated. Very soon after petitioner was so confined, Bernard, without any provocation from him or fault of petitioner, began to beat and kick him in the most violent and brutal manner. Being unable to defend or free himself from the attack petitioner at once called for help as loudly as he could; but, before any one came to the rescue. Bernard had so severely beaten him in the face and head and about the left eye as to cause...