(DOWNLOAD) "Bowman v. Hayward Et Al." by Supreme Court Of Utah ~ Book PDF Kindle ePub Free
eBook details
- Title: Bowman v. Hayward Et Al.
- Author : Supreme Court Of Utah
- Release Date : January 16, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
WOLFE, Chief Justice. Plaintiff, a former prisoner in the Salt Lake County Jail, commenced this action to recover damages
in the sum of $10,000 for an alleged assault and battery committed upon his person while so incarcerated. On October 30, 1951,
he was working as a trusty in the Salt Lake County Garage assigned to the duty of washing cars. At approximately 8:00 a. m.
defendant Norman D. Hayward, a deputy sheriff, while on duty appeared in the garage and asked plaintiff to wash his private
automobile. Plaintiff refused. Thereupon defendant Hayward became angry, used abusive language, threatened severe penalties
if plaintiff did not wash the car as ordered, and left the garage to pursue his duties as deputy sheriff in the company of
his colleague, Deputy Sheriff Rex J. Treseder. In the afternoon, defendant Hayward returned to the garage, discovered that
plaintiff had not washed the car as ordered, and proceeded to attack and abuse the plaintiff who was pushed against automobiles,
seized and dragged down an alley toward the office of the county jail. In the ensuing struggle, plaintiff, who is small in
stature, partially freed himself, and then defendant Hayward struck the plaintiff with his fist, knocking him down. Momentarily
plaintiff recovered from the blow and ran back into the garage. Defendant Hayward then obtained the assistance of Deputy Treseder
who had been waiting in an official car close to the scene of the altercation. The two men followed plaintiff into the garage,
and took him to the office of the county jail without further incident. Chief Deputy Sheriff T. A. Callicott testified that he was on duty when plaintiff was brought into the office; and that defendant
Hayward stated that he had experienced 'some difficulty' with the plaintiff 'about washing his car' and that plaintiff had
refused 'to accompany him to the office of the jail.' Plaintiff refused to make any statement to Callicott concerning the
incident, did not complain of his injuries, and until this action was commenced, he assured several officers that he was not
injured; he 'just didn't want to be pushed around.' We have expressed plaintiff's version of the assault and battery since
the verdict was against defendant Hayward. Plaintiff's complaint demanded joint and several judgment against Hayward, George
Beckstead as sheriff of Salt Lake County, Hartford Accident and Indemnity Company which wrote the official bond for Deputy
Hayward, and the United States Fidelity and Guarantee Company which wrote the official bond for Sheriff Beckstead. The case
was submitted to a jury upon instructions of the court and a verdict was returned in favor of the plaintiff and against defendant
Hayward, not as deputy sheriff but in his private capacity, assessing damages in the sum of $150. No verdict was found against
the other defendants.
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