The neglect or failure of a person to do some act which he ought to do. The term ls not generally used to denote a breach of contract, but rather the failure to perform a dnty towards the public whereby some Individual sustains special damage, as where a sheriff falls to execute a writ Sweet See Colte v. Lines, 33 Conn. 115; Gregor v. Cady, 82 Me. 131, 19 Atl. 108, 17 Am. St. Rep. 466; Carr v. Kansas City (C. C.) 87 Fed. 1; Minkler v. State, 14 Neb. 181, 15 N. W. 830; Illinois Cent. R. Co. v. Foulks, 191 111. 57, 60 N. E. 890