Van Vorce v. Thomas

BISHOP, J., pro tem.

Judgment was entered against a deputy marshal of the Municipal Court of Los Angeles County for the damages occasioned by his assault upon plaintiff during the service of process in claim and delivery, but ■as to the marshal himself a judgment of nonsuit was entered. Plaintiff appeals from the judgment of nonsuit, relying not upon any-active or advisory participation of the marshal in the affair, for there was none, but solely upon the theory that the marshal is civilly liable for the damages inflicted by the torts of his deputies which occur in the discharge of their…