Jones v. Buckelew, 6 Div. 346.

CourtSupreme Court of Alabama
Writing for the CourtFOSTER, Justice.
Citation247 Ala. 475,25 So.2d 23
Docket Number6 Div. 346.
Decision Date31 January 1946
PartiesJONES et al. v. BUCKELEW.

25 So.2d 23

247 Ala. 475

JONES et al.
v.
BUCKELEW.

6 Div. 346.

Supreme Court of Alabama

January 31, 1946


Rehearing Denied March 7, 1946.

[247 Ala. 476] [25 So.2d 24]

London & Yancey, of Birmingham, for appellants.

Francis H. Hare, of Birmingham, for appellee.

FOSTER, Justice.

This is a suit against a deputy sheriff and his official bond for negligently inflicting personal injuries on plaintiff by negligently causing or allowing an automobile of which he was in charge to run against plaintiff, at a time when he was 'acting within the [247 Ala. 477] line and scope of his authority and under color of his office as such deputy sheriff.'

This is a count in tort against both the deputy and the surety on his official bond in line with our cases. Shell v. Pittman, 229 Ala. 380, 157 So. 205 (limiting Union Indemnity Co. v. Webster, 218 Ala. 468, 118 So. 794); Hill v. Hyde, 219 Ala. 155, 121 So. 510; Holland v. Fidelity & Deposit Co., 225 Ala. 669, 145 So. 131.

The bond of the deputy was made under the Act approved September 10, 1915, General Acts 1915, p. 382. The question here is not affected by the Local Act of September 14, 1915, Local Acts 1915, p. 374. Henry v. Wiggins, 207 Ala. 251, 92 So. 108.

Our attention has not been called to any reason why the Act of September 10, 1915, supra, does not here have application, or that it has been repealed or amended. We therefore indulge the presumption that it is still in effect, though we do not find where it was incorporated in the Code of 1923, or that of 1940. See, American Surety Co. v. O'Hara, 232 Ala. 616, 169 So. 229.

A bond intended to be the official bond of a public officer when he acts under it, and it was delivered as such, is in legal effect payable and conditioned as required by law, and has the effect of imposing such obligations as so required by the statute. Sections 51 and 52, Title 41, Code.

Every official bond is obligatory on the principal and sureties. '3. For the use and benefit of every person who is injured, as well by any wrongful act committed under color of his office as by his failure to perform, or the improper or neglectful performance of those duties imposed by law.' Section 50, Title 41, Code; Mobile County v. Williams, 180 Ala. 639, 61 So. 963. It is the duty of the sheriff and deputies 'to ferret out crime.' Section 5(4), Title 54, Code.

On the occasion in question, appellant Jones was not on duty as deputy sheriff at the courthouse but was at home when he received word that someone might give him some information in reference to a crime. He responded to the call and went to interview the person and secure the information with respect to the commission of a crime. As he was so proceeding, rapidly driving an automobile belonging to the county, he caused it to run into the rear of a car stopped on the highway ahead of him, pointing in the same direction, and caused plaintiff's injuries.

There was a judgment for plaintiff, and both defendants appeal. The brief for appellants admits that the evidence was such as that the jury could find against Jones on the charge of negligence, but insists that it is not such a situation as that the wrongful act, (if done at all) was committed 'under color of his office' or by reason of a 'failure to perform, or the improper or neglectful performance of those duties imposed by law,' as set forth in section 50, Title 41, Code.

The deputy was seeking no information from plaintiff in respect to the crime, and had no official business with him. Plaintiff was simply another casual traveler upon the same highway.

The question is whether or not the deputy committed the wrongful act under color of his office or in the negligent performance of the duties of his office.

Appellant's argument is that the act here in question was not done by reason of any official service being rendered. In doing the wrongful act it is...

To continue reading

Request your trial
14 practice notes
  • Bergman v. United States, No. G77-6.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • May 28, 1983
    ...See also Roberts v. State, 258 Ala. 534, 63 So.2d 584 (1953). This duty is similar to that required of a policeman. Jones v. Buckelew, 247 Ala. 475, 25 So.2d 23 (1946); Roberts v. State, Since Alabama negligence law allows individuals to sue for breach of a law enforcement officer's duty an......
  • Roberts v. State, 5 Div. 552
    • United States
    • Supreme Court of Alabama
    • January 19, 1953
    ...statutory duty of the sheriff and his deputies, among other things, 'to ferret out crime'. Section 5, Title 54, Code; Jones v. Buckelew, 247 Ala. 475(6), 25 So.2d Page 590 The deputy sheriff was called upon by the wife of one of the participants 'to come out there and make them behave'. [25......
  • Allman v. Hanley, No. 18490.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 19, 1962
    ...color of office were improper would excuse liability on the officer's official bond, it would never arise." See also Jones v. Buckelew, 247 Ala. 475, 25 So.2d 23 (1946); League v. National Surety Corp., 198 S.C. 289, 17 S.E. 2d 783 (1941); De Busk v. Harvin, 212 F.2d 143 (5th 302 F.2d 562 T......
  • Spencer v. Benison, 18-14397
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • July 16, 2021
    ...as are or may be imposed by law." Ala. Code § 36-22-3. "His duty in this respect is similar to that of a policeman." Jones v. Buckelew , 247 Ala. 475, 25 So. 2d 23, 25 (1946). Further, the motor vehicle and traffic laws of Alabama provide that "[o]utside a business ... no person shall stop,......
  • Request a trial to view additional results
14 cases
  • Bergman v. United States, No. G77-6.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • May 28, 1983
    ...See also Roberts v. State, 258 Ala. 534, 63 So.2d 584 (1953). This duty is similar to that required of a policeman. Jones v. Buckelew, 247 Ala. 475, 25 So.2d 23 (1946); Roberts v. State, Since Alabama negligence law allows individuals to sue for breach of a law enforcement officer's duty an......
  • Roberts v. State, 5 Div. 552
    • United States
    • Supreme Court of Alabama
    • January 19, 1953
    ...statutory duty of the sheriff and his deputies, among other things, 'to ferret out crime'. Section 5, Title 54, Code; Jones v. Buckelew, 247 Ala. 475(6), 25 So.2d Page 590 The deputy sheriff was called upon by the wife of one of the participants 'to come out there and make them behave'. [25......
  • Allman v. Hanley, No. 18490.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 19, 1962
    ...color of office were improper would excuse liability on the officer's official bond, it would never arise." See also Jones v. Buckelew, 247 Ala. 475, 25 So.2d 23 (1946); League v. National Surety Corp., 198 S.C. 289, 17 S.E. 2d 783 (1941); De Busk v. Harvin, 212 F.2d 143 (5th 302 F.2d 562 T......
  • Spencer v. Benison, 18-14397
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • July 16, 2021
    ...as are or may be imposed by law." Ala. Code § 36-22-3. "His duty in this respect is similar to that of a policeman." Jones v. Buckelew , 247 Ala. 475, 25 So. 2d 23, 25 (1946). Further, the motor vehicle and traffic laws of Alabama provide that "[o]utside a business ... no person shall stop,......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT