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MAGENHEIMER v. STATE EX REL. DALTON

No. 17,931.

120 Ind. App. 128 (1950)

90 N.E.2d 813

MAGENHEIMER ET AL. v. STATE EX REL. DALTON, ADMINISTRATRIX

Court of Appeals of Indiana.

Filed March 13, 1950.

Attorney(s) appearing for the Case

Glen W. Funk, James E. Rocap, John T. Rocap, and James E. Rocap, Jr., all of Indianapolis; and Pell & Good (of counsel), of Shelbyville, for appellants.

Edward F. New, Leroy K. New, both of Indianapolis, and Harold Sochnick, of Shelbyville, for appellee.

WILTROUT, J.

The relatrix' decedent died while a prisoner in the Marion county jail, after eating certain food served there. Appellee brought this action against the appellants, the then county sheriff and the surety on his bond. Among other things the complaint alleges:

"(a) That the defendant, Magenheimer, as such Sheriff, negligently provided unsanitary and unfit meat and drink for Future Dalton, a lawful prisoner in his custody. "(b) That the...

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