799, a case where a prisoner sued the sheriff for damages *600 for injury when the jail was flooded, the court stated: "We will not undertake to review all the decisions cited by counsel for the proposition many times affirmed, that a public officer is liable to anyone injured by the nonperformance or negligent performance of his ministerial duties, and this without regard to his motives and without reference to any question of corruption; and whether he has discharged these imposed duties is generally a question of fact for the jury. While custom cannot negative a duty and relieve from negligence, it may, and should be, considered in determining what is due care under the circumstances. This jail, in common with many jails in the rural counties of this state, was not equipped with living quarters for an attendant nor with offices for the officers. The plaintiff cites O'Dell v. Goodsell, 149 Neb. They identified the warehouse property leaser as Mitch Miller of Georgia. 5. Other than the announced inability to sleep, nothing appears to have been wrong with decedent.

But one person, Clifton Smith, the deceased, was confined therein and he had the freedom of the entire jail. When the deputy returned to the jail with Clifton's breakfast about 8:15 on the morning of February 10th the jail was full of smoke from burning mattresses and Clifton was lying dead on the floor partly in the cell and partly in the corridor. IN THE SUPREME COURT OF JUDICATURE OF JAMAICA CLAIM NO. If the sedative was of a nature that would require observation of a person taking the same, the deputy sheriff, who obtained it and gave it to decedent, was not so advised by the physician. ", Another case somewhat in point, where the prisoner was injured in seeking escape from a burning jail, is Allen v. Cavin, 179 Okl. Stuart & Stuart, of Chariton, for appellant. �E*؀w�6����5q���.TۺN/�. The argument is made that the jail was fireproof. There is no merit in the contention. II. No cases are cited as authority for such a conclusion. It was of steel and concrete construction and contained several windows which could be opened from the inside, allowing both fresh air and communication with the outside. Is a helpless prisoner in the custody of a sheriff less entitled to his care than a bale of goods or a dumb beast? 3. This in my judgment is the effect of the majority opinion. Assuming that decedent's condition from the smoke of the fire was such that he could not raise the window, it is pure speculation to say that he might have reached a phone. We can rule out all question of suicide. Mr. Dale Austin appearing for the … Paving the Way: While Jackson and Miller awaited the outcome of their state court appeals in prison, the Supreme Court issued two decisions that paved the way for a successful appeal. We also think it was error for the court to refuse to submit to a jury the question of the adequacy of ventilation under the circumstances and the failure to make outside communication available and the proper inferences to be drawn from these circumstances. The county jail in Osceola is located on the corner of the square in the business section of the town.

endobj

365, 369, 46 A.L.R. When read together they probably mean to predicate negligence by charging that the sheriff failed to provide Clifton with adequate fire protection under the circumstances then existing, and fire protection includes some adequate means or manner of exit or evacuation in a fire emergency. The defendants cite Baker v. Walston, Tex.Civ.App., 141 S.W.2d 409, a case where the prisoner perished in a fire caused by a burning mattress, but the case is not in point for there it appears the case was submitted to the jury and the jury returned a verdict for the sheriff, and the appellate court, finding no error, affirmed. endobj (2) Failing to watch over the prisoner after giving him a sedative that produced drowsiness. * * * If the law imposes a duty of care in respect of animals and goods which he (sheriff) has taken into his possession by virtue of his office, why should not the law impose the duty of care upon him in respect of human beings who are in his custody by virtue of his office? No combustible materials appear to have been about and the furnace and flue were functioning properly. �m��E��(�B1X�>=�|S���5����Є�M����{�Eǭ�,�7�WT�|s��H��\���z�����b���+Cl^��@���t ,���o����q H0�"��?�aRI����u�Q��#O����]R�/��d�kG%��x�ќ ��x��& ��mo��%=1�8�bV�_����ĺY� �M�E��c-q�V��/�0���7{�)h�{�����s�-�.�w����͟+˟��e���k��@�k1�L01s���*E�@s�#;y�o�o���K5%y� �q�� d������+�L% We are concerned only with the conduct of the defendant at the time in question and in view of the situation as it then appeared.

(6) Failing to provide proper ventilation for the jail. *602 (4) Failing to have a key in the possession of some one nearby who might enter in case of an emergency. 246, 20 A.2d 127, 138 A.L.R. The plaintiff is entitled to the presumption that deceased exercised due care for his own safety. There the court stated: "It may be seen therefore that the weight of authority is that the statutory duty imposed upon the sheriff to keep his prisoners safely charges him with the duty of ordinary care to accord them decent treatment and to see that they do not come to harm by negligence.

Supreme Court of Iowa. 500, 64 L.R.A. endobj 261, 30 N.W.2d 906, 909. The deputy also said a smouldering mattress had been kicked down the basement stairs. In these cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties. Under this record, taking the specifications of negligence singly, or together as a general charge of failing to provide protection to a prisoner and as apparently has been done in the majority opinion, I am unable to see wherein plaintiff has made even a prima-facie case. The pen register was installed on telephone company property at the telephone company's central offices. January 10, 1950. E. K. Jones, of Osceola, F. R. Curry, of Osceola, and Bradshaw, Fowler, Proctor & Fairgrave, of Des Moines, for appellees. In failing to properly guard and watch over a prisoner in his care and custody to whom his deputy sheriff had delivered a drug that produces drowsiness * * *.

Dodge, Des Moines & So. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 40 N.W.2d 597 (1950) SMITH v. MILLER et al. Smith v. Maryland, 442 U.S. 735, was a legal case in which the Supreme Court of the United States held that the installation and use of a pen register was not a "search" within the meaning of the Fourth Amendment to the United States Constitution, and hence no warrant was required. Tyler v. Gobin, C.C., 94 F. 48, 50, a case where the sheriff was sued for failure to protect a prisoner against a mob which entered the jail, removed the prisoner and killed him, the court in speaking of the care which a jailer must exercise toward prisoners in his custody stated: "* * * as the lawful custodian of the deceased, he *599 (sheriff) owed to him the duty of exercising ordinary and reasonable care for his life and health. %PDF-1.5 Whether or not a person so acts is to be determined upon the facts as they appeared at the time, and not by a judgment from the actual consequences *601 which were not then to be apprehended by a prudent or ordinary person. It was established he died of suffocation and his father as personal representative of his estate sued the sheriff and his bondsmen alleging Clifton's death was caused solely by the sheriff's negligence. ", In State of Indiana ex rel. About all that can be said as to the cause of the fire is that it was of unknown origin. "We think that the question of whether or not the sheriff under the circumstances failed to respond to his duty to the plaintiff's decedent, in the light of the potential for danger of which he knew or in the ordinary exercise of his faculties for observation and understanding should have known, was a question for determination by a jury. No. ", IV. > J���AQ~�8c�fr�v�� ���GH�t�%Kt=x�u�/d����,��ZA�H�!Ou���p��*ї�{��dvl�68�Q�l��ݤx� In some instances that duty is statutory but, under the specifications of negligence set forth in plaintiff's petition, no statutory violation is charged and the case must rest upon the common-law rules of negligence.

There was no outward evidence thereof, and no basis for assuming that any one having a key thereto would have felt any need for using the same. This duty of care arose from his having the person of the deceased committed to his custody by virtue of his office. I told him, `You have got a sick man over there and not a drunk man'.

", The courts all speak of the sheriff's duty toward his prisoner in jail, as reasonable care under the circumstances.

(5) Failing to provide a reasonable check of prisoners confined in the jail. In Roper v. It was the custom here, as in many other county jails thus equipped, for the officials to take the meals for the prisoners, at the usual time, and to be at the jail only at such other times as their duties might require. When the officer went to the jail with the morning meal, it was not until he had entered the jail and opened the inner steel door, that he found the place full of smoke.

HALE, SMITH and MANTZ, JJ., join in this dissent. 566; 57 C.J., Sheriffs and Constables, s. 512, p. 899; Kusah v. McCorkle, 100 Wash. 318, 170 P. 1023, L.R.A.1918C, 1158; Eberhart v. Murphy, 110 Wash. 158, 188 P. 17, on rehearing 113 Wash. 449, 194 P. 415; State of Indiana ex rel. R. Co., 168 Iowa 538, 173 N.W. 704; Riggs v. German, 81 Wash. 128, 142 P. 479; Lamb v. Clark, 282 Ky. 167, 138 S.W.2d 350; Restatement of the Law, Torts, Negligence, Section 320(d). 542, 101 Am.St.Rep. 42; 57 C.J., Sheriffs and Constables, sec. By these rules, the duty owed is that of ordinary care under the circumstances.

}�@i�@��?��Û�Pǐ�� The sheriff's bond is conditioned that he will faithfully discharge all the duties of his office.

The nearest key to the jail at night was at the deputy's residence, nine blocks from the jail. Rehearing Denied March 10, 1950. The father testified: "On the evening when I visited my son in jail I did not request the deputy sheriff to get *598 some medicine for my son. ', and I said, `No, where do you get the medicine ? %���� <> 320, comment is made (b.) Thyssen v. Devenport Ice & Cold Storage Co., 134 Iowa 749, 112 N.W.


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