McElroy v. Yowell

Opinion of the .Court by

Judge Clarke —

Affirming.

About nine o’clock- on the evening of October 31, 1915, Halloween night, while walking in Baptist alley, *273a public thoroughfare in the city of Lebanon, Kentucky, in company with her mother, grandmother, and. three children, Lizzie McElroy, a negro girl about seven years of age, was struck and. permanently injured by a bullet fired from a pistol. Alleging that the shot was fired by the defendant, William M. Yowell, a member of the Lebanon police force, she, by her father as her next friend, filed this action to recover damages, including a…