Hitsman v. Kennedy

The opinion of the court was delivered by

Johnston, C. J.:

Dalbert Hitsman, a minor, by Mae Hitsman, his mother and next friend, brought this action against R. E. Athey, sheriff of .Geary county, and Thos. B. Kennedy and R. B. Fegan, signers of-.the official bond of the sheriff, charging that the sheriff and his deputies, while pursuing ,and seeking to make an arrest, purposely,,or negligently fired a revolver towards an automobile in which.Dalbert Hitsman was riding, which struck and wounded him. A jury was first impaneled to try,the case, but later the parties stipulated that the jury be…