Goodman v. Condo

Citations

• 12 Pa. Super. 456
• 1900 Pa. Super. LEXIS 262

Syllabus

<p>Powers of sheriff — Execution of process — Destruction of property.</p> <p>The law does not clothe the sheriff in the execution of any legal process with the discretionary power to take, use, appropriate, or destroy the prop- : erty of third parties without liability to compensate the owners thereof.</p> <p>Public officers — Powers and limitations of sheriff — Arrest of criminals.</p> <p>The sheriff is armed with ample powers in aid of the arrest of offenders; he may break open doors in order to follow felons and if they are killed, provided they cannot be otherwise taken, it is justifiable. But where he incurs expense or inflicts damage for the purpose of aiding him in the performance of his duties he is liable personally unless the law has provided otherwise.</p> <p>Sheriff's liability — Destruction of property.</p> <p>A sheriff in aid of the arrest of a desperate criminal burned the house in which he had sought shelter. Held, in a suit against the sheriff by the owner of the house, that as the only purpose of destroying the house was to render more easy and less dangerous the arrest, and inasmuch as the element of necessity was lacking from the situation, the sheriff was personally liable for the damage to the house.</p>