State Ex Rel. Donelon v. Deuser

Relator, Martin Donelon, brought this suit against the defendants, Phil G. Deuser, sheriff of St. Louis County, Missouri, and the Fidelity Deposit Company of Maryland, a corporation, surety on the sheriff's bond, to recover damages for injuries alleged to have been sustained by reason of an assault committed upon plaintiff by Clarence R. Zahner, a deputy sheriff. A trial resulted in a verdict for plaintiff in the sum of $15,000. The trial court granted a new trial at defendants' request because of an alleged erroneous instruction given on the measure of damages. Plaintiff duly appealed.

Plainti…