Duran v. Mission Mortuary , 174 Kan. 565 ( 1953 )

Price, J.,

dissenting in part: I agree that at the time and place in question the deputy sheriff was engaged in the performance of an official act, namely, responding to an emergency call. I also agree that it is misconduct to drive an automobile in a negligent manner, but, in my opinion, it is not a “default or misconduct” within the contemplation of the statute (G. S. 1949, 19-805) for which the sheriff and the sureties on his official bond can be held liable.