Clement v. Dunn

BISHOP, J.,

pro tem.

The negligent driving of a Los Angeles County car by Deputy Sheriff Dunn, resulting in damage to the person and property of the plaintiff, was made the basis of this action against the sheriff and the sureties on his official bond. To the complaint, which attempted to set up two causes of action, a general demurrer, interposed by the sheriff and his sureties, was sustained. Plaintiff declined to amend, and a judgment of dismissal and this appeal followed.

In addition to allegations sufficiently introducing the several defendants, and others portraying the results of the accident, plaintiff in her first count alleged:

VI.

“That on the 15th day of October, 1927, defendant John Dunn, while acting in his capacity of a deputy sheriff as aforesaid, had in his possession and control a certain automobile which was then and there the property of the county of Los Angeles, California, and furnished and delivered by said county to the defendant William I. Traeger, sheriff, for use of said sheriff and his deputies of the county of Los Angeles. That said automobile, which was under the care, management and direction of said Deputy Sheriff John Dunn, and while he was driving west on Temple street in said automobile, ran into and upon the automobile of the plaintiff, which was then and there proceeding northerly upon said Virgil street in said intersection.”

VII.

“That upon said day and time the defendant John Dunn, as a deputy sheriff of Los Angeles county, California, and acting under the orders and control of William I. Traeger, sheriff, was upon his way to serve a warrant of arrest, and with this warrant and other warrants of arrest in his possession and acting in his official capacity of deputy sheriff in such duties, and while driving said automobile as alleged in paragraph six so carelessly, wrongfully and

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negligently, and without due right for the safety and convenience of others upon said highway and this plaintiff upon said highway, and while operating said automobile at a speed of upwards of forty-five miles an hour, drove said automobile in such careless, negligent and reckless manner that it came in violent collision with the automobile of the plaintiff. ’ ’