McPhee v. United States Fidelity & Guaranty Co.

Citations

• 52 Wash. 154
• 100 P. 174
• 1909 Wash. LEXIS 1090

Syllabus

<p>Sheriffs — Neglect of Duty — Escape of Prisoners — Official Bonds — Liability to Persons Entitled to Reward. A sheriff is not liable on his official bond to parties entitled to a reward for the capture of criminals, turned over to him, for damages suffered by the escape of the prisoners, under the conditions of his official bond to “well, truly, and faithfully perform all of his duties as sheriff,” and of the statute giving a right of action on the bond in favor of all persons injured or aggrieved by his wrongful act or default; since the duty to keep the prisoners is not direct, or to the plaintiffs, but to the public, and damages recoverable on the bond must be measured by the wrongful act itself and not by loss of profits anticipated under an independent contract between third parties.</p>