20 Pa. Super. 345 | Pa. Super. Ct. | 1902
Opinion by
The plaintiff was a constable of Lycoming county. A war* rant for the arrest of one Elmer O’Brien upon a charge of larceny having been placed in his hands by a justice of. the peace
The second item of the plaintiff’s claim is as follows : “ Paid police authorities at Pittsburg for detention, boarding and lodging of said Elmer O’Brien, $8.00.” What part of this item is for boarding and lodging the prisoner, and what part for “ detention,” does not appear. The fee bill mentions neither of these items, but as we remarked in the case above cited, the legislature never intended that the prisoner might be starved nor that the expense of feeding him should be borne by the officer; therefore, we do not say that in a very clear case of necessity the county would not be liable for the amount actually expended by the officer for that purpose. See Richardson v. Clarion County, 14 Pa. 198, Lycoming County Commissioners v. Hall, 7 Watts, 290, and Allegheny County v. Watt, 3 Pa. 462. But the charge for “detention” is too indefinite. If it was for some legal fee to which the police authorities of Pittsburg were entitled, the fact should have been stated. If
The judgment is modified and amended by striking out the item, $8.00, paid police authorities at Pittsburg, and as thus modified and amended is affirmed.