Kelly v. Multnomah County
Oregon Supreme Court
Appeal from the circuit court for Multnomah county. This is an action brought hy appellant,1 who is sheriff of Multnomah county, and the keeper of the jail, against that county, to recover for the actual cost of some blankets furnished to the prisoners while confined under criminal process in the jail of that county. The county demurred to the complaint and had judgment in its favor, from which plaintiff has appealed.
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Appeal from the circuit court for Multnomah county. This is an action brought hy appellant,1 who is sheriff of Multnomah county, and the keeper of the jail, against that county, to recover for the actual cost of some blankets furnished to the prisoners while confined under criminal process in the jail of that county. The county demurred to the complaint and had judgment in its favor, from which plaintiff has appealed. The sole question to be determined is whether or not the county is under a legal obligation to pay the sheriff the amount expended by him in the purchase of such blankets.
1Opinion of the CourtStrahan, J.
The question of the county’s liability depends solely upon the statute. It is not liable unless the statute has created the liability. Section 1026, Hill’s Code, authorizes the sheriff to appoint a jailer, and makes him responsible for such jailer’s acts. Section 3975 provides “that the keeper of each jail shall furnish and keep clean the necessary bedding and clothing for all prisoners in his custody, and shall also supply them with wholesome food, fuel and necessary medical aid. Section 3977 provides, ‘the charges and expenses for safe keeping and maintaining all persons duly committed to…
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