James v. Commissioners of Lincoln County

Lake, Ch. J.

This is a petition in error, from Lincoln county, and presents but a single question for our decision.

The facts of the case are all agreed upon. It appears that the plaintiff as sheriff and jailer of Dawson county was intrusted with the custody of a prisoner sent from Lincoln county for safe keeping, and that he so held him for the period of fifty-four days, during all of which time, however, he was also keeping in the same jail a prisoner for Buffalo county. It further appears that the condition of the Dawson county jail was such as to require the employment of a guard to prevent…