The neglect or failure of a person to do some act which lie ought to do. The term is not generally used to denote a breach of contract, but rather the failure to perform a duty towards the public whereby some individual sustains special damage, as where a sheriff fails to execute a writ. Sweet. See Coite v. Lines. 33 Conn. 115; Gregor v. Cady, 82 Me. 131, 19 Atl. 108. 17 Am. St. Rep. 406; Carr v. Kansas City (C. C.) 87 Fed. 1; Minkler v. State. 14 Neb. 1S1, 15 X. W. 330; Illinois Cent. R. Co. v. Foulks. 191 111. 57, 60 X. E. 890.
