Jones v. Berney

MERRILL, Justice.

This appeal is from a judgment for defendants. The plaintiff was injured as the result of having been shot with a pistol.

On December 31, 1968, plaintiff Jones, defendant Bowman and several other people, attended a party at defendant Berney’s home. Each of the three parties involved in this litigation consumed an undetermined amount of alcoholic beverages but no contention was made that anyone did not have full control of his faculties. Berney later invited Jones to go upstairs to inspect a holster owned by Berney and when they went upstairs Bowman accompanied them. Each of…