Berry v. Rowley
Appellate Division of the Supreme Court of the State of New York
Appeal from circuit court, Franklin county. Action by Fred D. Berry against Edward F. Rowley, sheriff of Franklin county, N. Y., to recover for the escape of a judgment debtor of plaintiff from the liberties of the jail. From a judgment entered on the verdict of a jury in favor of defendant, and from an order denying a motion for a new trial made on the minutes, plaintiff appeals.
1Opinion of the CourtLandon, J.
The main question in the case is whether the plaintiff was entitled to have judgment directed in his favor. The complaint charges facts sufficient to constitute a cause of action against the defendant for an escape, and alleges, among other things, that on April 2, 1895, “the defendant, without leave or license, and against the will of plaintiff, permitted the said judgment debtor, Louis Yell, to go at large and beyond the said jail liberties; and said judgment debtor did escape and go at large, wheresoever he would, out of the custody of the defendant, being sheriff as aforesaid, and beyond…
2Cases cited6 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Paige v. . WilletNew York Court of Appeals · 1868
- Wood v. WhitingNew York Supreme Court · 1855
- West v. American Exchange BankNew York Supreme Court · 1865
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