Dunn

The negligent driving of a Los Angeles County car by Deputy Sheriff Dunn, resulting in damage to the person and property of the plaintiff, was made the basis of this action against the sheriff and the sureties on his official bond. To the complaint, which attempted to set up two causes of action, a general demurrer, interposed by the sheriff and his sureties, was sustained. Plaintiff declined to amend, and a judgment of dismissal and this appeal followed.

In addition to allegations sufficiently introducing the several defendants, and others portraying the results of the accident, plaintiff in her first count alleged:

These allegations, taken of course with the others referred to, fail to state a cause of action against the sheriff and his sureties, even assuming that appellant is correct in the contention that the sheriff of Los Angeles County is burdened with the same liabilities as those on the shoulders of sheriffs of nonchartered counties. No breach of official duty appears. The liability of a sheriff for the acts of his deputies is not based on the theory that the relation of master and servant or principal and agent exists, but on the theory that the deputy is the…