New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-10
SUPREME COURT-sPscIAL TERN-MARcH 9-Bstore
Justice IsGRAHAN.
The sEGUISEs POINT BURSISGs.

POINT BURNINGs.
Joel Wolfe AIT the Supervisors OF the County Of Richmond
ISGRAHAM, J.-The plaintiff claims 70 recover dam
eyes for property destroyed by mob IN the County Of Rich
. 4S1e eot IN he ION Of w.tfsd that hot was here
committed by certain per.on and the de91 N Shsa
;bs property OF the plaintiff was thereby destroyed TIE com
plant tesT sy to s. s.s we or his vop
The defendants the complaint or the cause ;ha:
stale fsts sufficient to constitute cause Of action
This acIion IL brought under toe sis ne o. ss en- - ysa
- bshsO The party PoPsy %s thus 5a,.S N
u5ed for the DAMAGES sustained 10 aS IN the complain.
that he asa aid il, assist permit the destruction o. .ss
ncthirg statute which requires any other AyeenL u
Is In compliant io aIy 70 Ae P'.on :. q
sence caelessness Of the plaintiff That be shown oy me
oeiehe Al a1 n-a1sS u -, - tb.o r. a. u.cr,-
,sIy 70 be sys.rsd ~ tas eePsl ~ I f 80. a.. - prove
s ~, bayc,r il oasre tb- plaintiff then and not be-
fore is required 70 Ihs. he free from such FAULT
The beton that the act Of 1855 not passed oy three
be taken nis demurrer II does net appear
the face Of the complain. TINT any such I Inc
In the absence CT proof on that subject we mast presume
The only obscon remaining is to the cOn.;tuOnay C,
his does involve any question the power sad 1ahsr
iv on as 10 liability and duty Of the Sheriff That he has
ssppes and for that purpose to use the whole
force R s9gay a mn, 6 Ss 5s5O s ar, injury
act Of the sheriff. II is The II entirely he
acts engaged IN the riot; whsher they we're committed
IN the inability nege. Of the proper authar
maintain the peace BY preventing or aPpEesns Io:
ties the grounds action By individuals whose property
o had srisen the themselves properly pef5med
no damage could be rscoversd The Of fne Mayor kc
ss The Mayor &C. ag Huston Is seidsn. 1851 aud other.
cited those are N point 70 'h9S inst % seton, may
The Mayor &c a DEMO ss Important show iaat BY
hs statute r. ssi provides for bringing actions against
comfy IN the Of tho Board Of Supersiso 30
dssnd the defendants 0beetns 70 tbs mode IN which the
stion Is brought put % ne power OF tas Le9lfs 70 Impose
suppose be conceded that the Legislature has ample
power declare any act legal or Illegal and 70 impose liability
9f eoa,aiasd h The law which & tasr
power the Constitution does not NJ limit BY prescribing
in which they not act they have fall authority to
The deenosnt however contend thas prohibition {.
contained section Of 10th article Of the Cons.;a.
ton which .sys The county shall be made snsssrabe
for the Of the Sheriff. The tue construction Of this clause
is that FOR anything done by the sheriff IL the dchArye Of biz
ofcia duties county should be liable II nad been
syeed ths hs Sheriff, while attempting preserve the peace,
sgy posse.o OF and destroy ed the plaintiffs property
this provision woud spPy and would pro'sc the county from
tss scion 70 founded any claim damages 4sng
the 5 81 s On h 8 h s Sos a. Ii ds
suppose. the neglect o. ths Sheriff 70 at Tas only
and me destruction q property y such mob
consequences dots within tie county sppareE II s 10. 20
punish them for the negligence ofhe sheT but for tae
own conduct in permitting ots % take piece Ae shenn could
do noshirg wh0g. the aid OF s people. becoael natter
Of interest them prevent and suppress not. II the st@tus
and So s Isp s5s the csT % EHs s soy
specially committed ys, there other orcsrs IN the county
who With him. have authority arrest al offenders axanst The
public peace Il intpded naks tho county liable
for the Of the sheriff for other ocers The Proyion
IN the statute vhch requires notice 70 be given 70 the Shen 10
the county requires the like notice 70 be- veu 10 be Mayor OF
city bot part Of the staaie contsmp Inc liability - I'M
its3 BY the neglect Of the sherto discharge hs duties
The inability Of the shas 10 DO whas necessary 70 sup
press riot dsisrse this action than hs nssrct
would ground for H. The liability irrespective Of either
and imposed oE the destruction Of properly by the not "he
thsr he sheriff ha done all in his power or not 10 Pee
vent Il. ,
Tts notice Is not for the purpose Of liking liability on Tue
.
avoid everything which might aid sanction, OF permit tns IN
jury to De done and where lie knos Of the intended l ne
Is required all reasonable Diligence 70 pTeTeu n a.
evidence that he has used ssch diligence, he 10 rued 70
show that he has spPd 10 the shega VI The county ~ Pf0