Brooks v. Hoyt

Decided September 26, 1828

Massachusetts Supreme Judicial Court · decided 1828-09-26

Case against the defendant as sheriff of the county of Franklin. The declaration alleged that one Horsley was arrested at the suit of the plaintiff and committed to the jail in Greenfield, of which the defendant was the keeper, and that the plaintiff afterwards recovered judgment against him for the sum of 99 dollars, but that before the rendition of the judgment the defendant voluntarily permitted him to escape, by means whereof the plaintiff lost his debt.

Decided 1828-09-26

Per Curiam.

¶1The distinction attempted to be made between a voluntary and a negligent escape, as it respects damages, is not supported. The one may be as excusable as the other. In all actions of the case, the question is, what is the amount of damage sustained. There is one case against a sheriff (Simmons v. Bradford) where the debt was considered to be the amount of damages. That was under peculiar circumstances, the sheriff having admitted that he took a bail bond and having refused to deliver it to the creditor.

¶2Judgment affirmed.1

¶3 See Richardson v Spencer, 6 Ohio R. 14; Young v. Hosmer, 11 Mass. R (Rand’s ed.) 90 note a; Nye v. Smith, 11 Mass R. (Rand’s ed.) 190, note a.