Brown v. Banks

Banke, Judge.

The appellee filed suit against the appellant to recover for personal injuries resulting from a gunshot wound. She alleged in her complaint that the appellant “shot and attempted to kill and murder her with malice, and said shooting was done wilfully, wantonly and without justification.” Following a non-jury trial, the court concluded that the shooting had not been intentional but that it had resulted from the appellant’s negligence in handling a firearm while intoxicated. Based on this finding, he entered judgment for the appellee in the amount of $15,000. On appeal, the…