Sanderson v. Town of Rutland
Supreme Court of Vermont
Assumpsit—demanding three hundred dollars. The case was tried upon an agreed statement as follows : The plaintiff was, on the 30th April, 1869, and has been ever since, the keeper of the jail located at Rutland ; and it was and is the business of the plaintiff to board.and provide for prisoners committed to said jail.
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Assumpsit—demanding three hundred dollars. The case was tried upon an agreed statement as follows : The plaintiff was, on the 30th April, 1869, and has been ever since, the keeper of the jail located at Rutland ; and it was and is the business of the plaintiff to board.and provide for prisoners committed to said jail. He brought his action against the said town on the 13th day of August, 1870. On the 30th day of April, 1869, one Arnold Ayres was a transient person, and on that day was committed to said jail upon an execution issued upon a judgment in favor of one Schofield, for the sum of $87…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
No time need be spent in discussing the question as to what constitutes an escape ; since the .defendant’s counsel con*389cede that allowing the prisoner to go out into the dwelling-house part of the jail building was not, upon the facts stated, an escape; and the plaintiff’s counsel are correct in claiming that if the going out of the building, July 30, 1869, to the blacksmith shop and to the store, a distance of a few rods, without the knowledge or consent of the jailor, and being absent a few minutes, under the circumstances stated, was an…
2Cases cited1 opinion
- Jameson v. IsaacsSupreme Court of Vermont · 1839