The suggestion that there is a duty to those in one's custody is not new. In 1899 in a case against a sheriff arising out of the lynching of a prisoner, Indiana v. Gobin, 94 F. 48 at 50 (U.S.C.C., 1899), this was said: If the law imposes a duty of care in respect of animals and goods which he has taken into his possession by virtue of his office, why should not the law impose the duty of care upon him in respect of human beings who are in his custody by virtue of his office? Is a helpless prisoner in the custody of a sheriff less entitled to his care than a bale of goods or a dumb beast? The law is not subject to any such reproach. When a sheriff, by virtue of his office, has arrested and imprisoned a human being, he is bound to exercise ordinary and reasonable care, under the circumstances of each particular case, for the preservation of his life and health.
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