Wirt v. Fraser

ADAMS, J.:

Under Section 768.01, Fla. Stat., 1941, F.S.A., appellee sued appellant on two counts. The substance of the first count was that appellant, by discharging a pistol, killed appellee’s husband by his careless and negligent act. The second count charged the same injury was inflicted by a wrongful act.

The case came on for trial upon pleas of not guilty, contributory negligence and self defense. Evidence disclosed that appellee’s husband was the manager of an airport where appellant had a plane in storage. Appellant sold the plané and a question arose relative to a lien on it. Appellant…