Boies v. Cole

STRUCKMEYER, Vice Chief Justice

(dissenting).

I am dissatisfied with the treatment by the majority of the serious questions raised in this appeal in holding that the Sheriff of Maricopa County, L. C. Boies, and the Trinity Universal Insurance Company are liable in damage for the death of Lewis Pearl Cole.

The basic facts giving rise to this action are relatively simple. At about the hour of 10:00 p. m. on November 15, 1957, Tony Silvio attempted to take into custody and transport Cole to the Maricopa County Hospital. Prior thereto, at the instigation of Cole’s wife, an order had been issued by…