Swenson v. Cahoon

Plaintiff in error instituted a common law action against the defendant in error, as Sheriff of Duval County. A demurrer to the declaration was sustained, final judgment was entered and this writ of error is addressed to that final judgment.

The question with which we are confronted is when and under what circumstances is a sheriff liable for the acts of his deputies under the law of this State.

The declaration discloses that the plaintiff was taken in charge by E. W. Compton, a deputy sheriff, while he (plaintiff) was proceeding on foot to Baldwin to secure gas for his car which had stopped…