Crose v. John

Citations

• 96 Wash. 216
• 164 P. 941
• 1917 Wash. LEXIS 909

Syllabus

<p>Sheriees — Deputies—Appointment — Statutes. A general appointment of a deputy sheriff need not he in writing, under Rem. Code, § 3990, authorizing the sheriff to appoint as many deputies as he may think proper, “and persons may also be deputed by any sheriff in writing to do particular acts.”</p> <p>Same — Deputies—Appointment—Validity. The appointment by a sheriff of a deputy by giving him a badge containing the words “Deputy Sheriff” and telling him to arrest a certain escaped convict, is valid, either as a general appointment which need not be in writing, or as a special written appointment, the writing on the badge being a sufficient writing.</p> <p>Sheriees — Liability eor Acts oe Deputy — Scope oe Authority. Where a deputy sheriff fired a shot through a door believing the occupant to be the person he was instructed to apprehend and in an attempt to perform his duty as an officer, he was acting under color of his office, and within the scope of his authority, rendering the sheriff liable to an innocent person who was injured.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $1,312.81 for injuries sustained by a waitress who was shot in the hip, is not excessive, where the removal of the bullet necessitated a large deep cut upon the hip, severing numerous nerves, the plaintiff was in the hospital eighteen days and unable to walk for nine weeks and the physicians’ and hospital bills totaled $312.81.</p>