Dyson v. Schmidt

Frank T. Gallagher, Justice.

This is an appeal from an order of the district court.

The action arises out of a gunshot wound inflicted on the plaintiff, George Dyson, on March 28, 1957, at the Riviera Theater in St. Paul, where he was employed as assistant manager. Plaintiff brought this action for damages against Richard Schmidt and Earl Harken, police officers in said city, alleging that they negligently shot him while in pursuit of a criminal suspect in the theater. Defendants answered separately, each denying that he was negligent and alleging that he was in the performance of his duty as a…