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Sheldon v. Upham

Supreme Court of Rhode Island. PROVIDENCE COUNTY
Apr 5, 1884
14 R.I. 493 (R.I. 1884)

Opinion

April 5, 1884.

In case against a sheriff for an escape the measure of damages is the damages actually sustained by the plaintiff: the amount of the judgment in the action wherein the escape took place being only prima facie evidence, open to rebuttal by the sheriff.

EXCEPTIONS to the Court of Common Pleas.

Charles F. Baldwin, for plaintiff.

Simon S. Lapham, for defendant.


In an action on the case against a sheriff for permitting the escape of a party arrested on original writ or mesne process, the measure of damages is the damages actually sustained, and the amount of the judgment recovered in the action in which the escape is permitted is only prima facie evidence, open to rebuttal by counter evidence adduced by the sheriff. Patterson v. Westervelt, 11 Wend. 543; Brooks v. Hoyt, 6 Pick. 468; Eaton v. Ogier, 2 Me. 46; State Treasurer v. Weeks, 4 Vt. 215; Danforth v. Pratt, 9 Cush. 318; Arden v. Goodacre, 11 C.B. 371; Shuler v. Garrison, 5 W. Serg. 455; Smith v. Hart, 1 Brev. 146; Spafford v. Goodell, 3 McLean, 97; Blodgett v. The Town of Brattleboro, 30 Vt. 579; Hootman v. Shriner, 15 Ohio St. 43.

Exceptions sustained.


Summaries of

Sheldon v. Upham

Supreme Court of Rhode Island. PROVIDENCE COUNTY
Apr 5, 1884
14 R.I. 493 (R.I. 1884)
Case details for

Sheldon v. Upham

Case Details

Full title:FRANK L. SHELDON vs. LYMAN UPHAM, Deputy Sheriff

Court:Supreme Court of Rhode Island. PROVIDENCE COUNTY

Date published: Apr 5, 1884

Citations

14 R.I. 493 (R.I. 1884)

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