McMillan v. Hammond

Opinion by

Mr. Justice Moore.

We will refer to plaintiff in error as the plaintiff and to defendant in error as the defendant or as the sheriff. Nelson Rangell, a physician, and the Board of County Commissioners of -Douglas county were also named defendants in the instant action. On motion of their attorney they were dismissed from the action and no assignment of error is directed to the dismissal of the case as to them. The plaintiff sought to recover damages resulting from the death of her husband which occurred at a time when he was being held by the sheriff in the county jail at Castle…