Magenheimer v. State Ex Rel. Dalton

— The relatrix’ decedent died while a prisoner in the Marion county jail, after eating certain food served there. Appellee brought this action against the appellants, the then county sheriff and the surety on his bond. Among other things the complaint alleges:

“(a) That the defendant, Magenheimer, as such Sheriff, negligently provided unsanitary and unfit meat and drink for Future Dalton, a lawful prisoner in his custody.

“(b) That the defendant, Magenheimer, as such Sheriff, negligently failed to take proper care of Future Dalton in this to-wit: That a long and unreasonable delay was made in…