Howard v. Zaney Bar

Opinion by

Mr. Justice Allen M. Stearne,

Plaintiff, a patron in defendant’s bar, was seriously wounded when shot by its bartender. Plaintiff there upon instituted this suit in trespass against defendant to recover for the injuries received. The court below submitted the issues to the jury which found for plaintiff in the sum of $3,800. Defendant then filed a motion for judgment n.o.v. which the court below granted. This appeal followed.

The facts are summarized by the court below: “The evidence shows that in the early hours of the morning the plaintiff — a regular customer of this bar room—…