Breese v. Newman

This is an action for damages brought by Harold D. Breese as plaintiff. The defendants are Duane Newman, the sheriff of Chase County, Nebraska; Harry Smith, a deputy sheriff of Chase County, Nebraska; and William Gleason, the night marshal of Imperial, Nebraska.

The petition alleged an assault upon the plaintiff by firing at his automobile while he was driving upon U. S. Highway No. 6 in Chase County, Nebraska. The answer alleged that the plaintiff was operating his automobile at great speed and in a reckless manner; that upon warning, the plaintiff refused to stop or slow down; and that shots…