Blackwell v. Cantrell

Banke, Judge.

As the plaintiff, age six at the time, was visiting his grandparents’ home in the company of his 11-year-old brother and his mother, his brother removed a loaded pistol from a dresser drawer in the grandparents’ bedroom and shot him with it. Acting through his father as next friend, he brought this suit against the grandparents for their alleged negligence in keeping a “highly dangerous instrumentality” in a place where it might reasonably be expected to come into the hands of a child. The jury returned a verdict in favor of the grandparents, and the plaintiff filed this appeal.

Th…