WILLIAM M. RUSSELL, Appellant,
GEORGE GLASCOW, WILLIAM SELF and AMERICAN EMPLOYERS' INSURANCE COMPANY, a Corporation, Appellees
APPEAL from a judgment of the Superior Court of the County of Gila. Dudley W. Windes, Judge.
Messrs. Struckmeyer & Struckmeyer, for Appellant.
Messrs. Jennings & Salmon, and Mr. Ozell M. Trask, for Appellee, American Employers Insurance Company.
Stanford, C. J. LaPrade and Morgan, JJ., concur.
Stanford, C. J.
[63 Ariz. 311] George W. Glascow, above designated as an appellee, was chief of police of the City of Globe, Arizona, having been appointed by the mayor and council of that city, and had given bond for the faithful performance of his duties in the sum of $ 5,000, his bondsman being appellee, American Employers' Insurance Company. The council of the City of Globe had also appointed William Self as a policeman, but had required no bond of him.
In the superior court the appellant herein was designated as plaintiff, and the parties appellee the defendants, and we will hereafter use that designation.
At a time between eleven and twelve o'clock on the night of November 16, 1942, in the City of Globe, defendant Self, in making the arrest of plaintiff Russell, discharged a tear gas pencil at Russell in such a fashion as to cause an injury to his left eye. Self, the officer, took Russell to the city jail, and the evidence discloses that Russell repeatedly asked for a physician, but neither the defendant Self, nor any other officer, heard the call according to the evidence. As a result of the injury plaintiff lost his left eye. On the morning following George Glascow, the chief of police, promptly took the plaintiff to a doctor and later discharged him from the jail. Glascow was, during the time of the trouble, at his home in bed and was at no time called although he had a telephone at his home.
[63 Ariz. 312] Russell brought his action for damages in the superior court for the sum of $ 30,000 against the parties designated above as appellees.
The chief of police later left his position and went to the State of Washington. Apparently, however, it was not for the reason of avoiding an action in this case. He was not served with process when later plaintiff brought his action in the superior court of Gila County.
A jury returned a verdict against defendant Self for the full sum of $ 30,000, and against the defendant American Employers' Insurance Company for the sum of $ 5,000, which was the amount of the bond written for Chief of Police Glascow. After the verdict was rendered a motion was made for judgment notwithstanding the verdict, which motion was granted.
Although the names have remained in the cause of action as they were in the beginning, the only defendant involved herein is the American Employers' Insurance Company.
Quoting the appellant:
"The two questions for determination by the Appeal Court are therefore interwoven with the fact situation: that is, the defendant, American Employers' Insurance Company, may be held liable on either of two theories. The bonding company is liable if the acts of ...