American Surety Co. of New York v. O'Hara

GARDNER, Justice.

One Charles W. Davis was deputy sheriff of Jefferson county, and defendant surety on his official bond, tie was employed by the Woodward Iron Company as “peace officer.” Plaintiff had no connection with that company, nor with Davis, but was on or near the premises on a visit to the home of his niece when Davis ordered him to get in his car, and that he was going to arrest him for being drunk. Davis had his- pistol, and plaintiff held his hand up in obedience to command. Details may be omitted, but as a result plaintiff received flesh wounds in his legs as a result of pistol…