Smith v. Glens Falls Indemnity Co.

As we construe the judgment of the court, there is here but one question presented for decision and that is whether under the allegations of the petition, the sheriff, when he killed James Smith, was acting by virtue of his office or under color of his office,, on the one hand, or as an individual, on the other hand. Learned counsel for the defendants argue that the judgment on the demurrer also decided the question of the measure of damages, and contend that if the plaintifE is entitled to recover at all, she is not entitled to recover the full value of the life of the deceased, but only to…