Oshogay v. Schultz

Defendants assign several errors, the first of which is the claim that the court erred in its instructions with respect to the degree of care required to be exercised by the defendant Allen. We need not discuss this contention because we are convinced that he was guilty of negligence as a matter of law and should have been so found. Certainly, one is guilty of negligence as a matter of law who fires a revolver with as little effort to control the course of the bullet as defendant Allen exercised in a relatively small room occupied by ten or fifteen people. Allen’s act under the circumstances…