Mathews v. Caldwell
Court of Appeals of Georgia
Action for damages, from city court of Atlanta — Judge BeidMarch 20, 1908. The plaintiff, a minor female, by her next friend sued the defendant for injuries received through the discharge of what the petitioner alleges to be a pistol sold her by the defendant. She was trying to load it, when it was accidentally discharged into her hand, causing a wound from which tetanus ensued. At the time of the sale and injury she was eleven years old.
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Action for damages, from city court of Atlanta — Judge BeidMarch 20, 1908. The plaintiff, a minor female, by her next friend sued the defendant for injuries received through the discharge of what the petitioner alleges to be a pistol sold her by the defendant. She was trying to load it, when it was accidentally discharged into her hand, causing a wound from which tetanus ensued. At the time of the sale and injury she was eleven years old. The sole act of. negligence charged is that the defendant, in violation of section 344 of the Penal Code, sold her a pistol, the same being a weapon within…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. This is not an action based upon the defendant’s negligence in selling to a young child a dangerous toy. The plaintiff’s petition puts her case solely upon the proposition that the so-called toy pistol is a real pistol, within the purview of section 344 of the Penal Code, which provides that “If any person shall knowingly sell or furnish any minor with a pistol, dirk, bowie-knife, or sword-cane, he shall be guilty of a misdemeanor;” and that the defendant, by selling to this child this thing, by whatever name called, — ■ *338pistol or toy pistol, — violated…
2Cases cited6 opinions
- Williams v. StateSupreme Court of Georgia · 1878
- Atwood v. StateSupreme Court of Alabama · 1875
- Evins v. StateSupreme Court of Alabama · 1871
- Taylor v. SeilWisconsin Supreme Court · 1903
- Crawford v. StateSupreme Court of Georgia · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fallaw v. HobbsCourt of Appeals of Georgia · 1966
- Purcell v. HillCourt of Appeals of Georgia · 1965
- Morris v. StateCourt of Appeals of Georgia · 1915
- Wiles v. PeersonSupreme Court of Oklahoma · 1935