Steinman v. Tabb

OPINION of the Court, by

Ch. J. Boyle.

The question in this case is, whether a jailer, who, having the custody of a prisoner taken in execution, permits such prisoner to have the liberty of the prison rules, without having first given bond and. security not to depart therefrom, is liable to an action upch his official bond for an escape ?

The court below being of opinion that he was liable* So instructed the jury, and a verdict and judgment Were accordingly given in favor of the plaintiffs in that court, and against the jailer and his securities ; from which judgment the latter have appealed to…