Giblin v. McIntyre
Utah Supreme Court
Appeal from the First Judicial District Court. This was an action by plaintiff against defendant to recover damages for injuries resulting from a pistol shot wound in the right arm of plaintiff, alleged to have been’ carelessly and negligently inflicted by defendant upon plaintiff without any fault or negligence on his, the plaintiff’s, part. On November 29, 1875, a difficulty occurred between one Baxter and defendant McIntyre, at Eureka, Juab County, at the store of Baxter.
Read the full summary
Appeal from the First Judicial District Court. This was an action by plaintiff against defendant to recover damages for injuries resulting from a pistol shot wound in the right arm of plaintiff, alleged to have been’ carelessly and negligently inflicted by defendant upon plaintiff without any fault or negligence on his, the plaintiff’s, part. On November 29, 1875, a difficulty occurred between one Baxter and defendant McIntyre, at Eureka, Juab County, at the store of Baxter. Plaintiff and others were present, and had no part in the quarrel then going on. Several pistol shots were fired by the…
1Opinion of the CourtSchaeffek, C. J.
This is an action brought by the respondent against the appellant to recover damages for an injury done by the defendant below to the person of respondent, by the careless and negligent discharge of a pistol loaded with gunpowder and *386leaden balls. The manner of tbe shooting, and the circumstances under which it occurred, as detailed by the testimony, manifest such a reckless disregard for the life and personal safety of those within the reach of his weapon as to justify the legal inference that the act complained of was an unlawful and willful attempt to take the life of the respondent. A…
2Cases cited4 opinions
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Seger v. Town of BarkhamstedSupreme Court of Connecticut · 1852
- Masters v. Town of WarrenSupreme Court of Connecticut · 1858
- Mason v. Inhabitants of EllsworthSupreme Judicial Court of Maine · 1850
3Cited by1 opinion
- Kennon v. GilmerSupreme Court of the United States · 1889