Levitan v. Banniza

Harry L. Banniza brought this suit against M. L. Levitan to recover damages for personal injuries which he received when he was shot with a pistol.

The negligence charged in the declaration was that defendant operated a retail liquor store in Nashville, Tennessee, and plaintiff worked for him. L. J. Sulz-bacher came to the store to buy or borrow a pistol from defendant. Defendant purported to remove the cartridges from the pistol before handing it to Mr. Sulz-bacher, but Lie left one cartridge in the gun. Mr. Sulz-bacher examined the pistol, and in doing so discharged it; and plaintiff was…