Grand Union Stores, Inc. v. General Accident, Fire & Life Assurance Corp.

This is a motion to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action. Among the allegations are the following:

One Samuel Palmer, in no way connected with the plaintiff Grand Union Stores, Inc., came to the store and brought with him a rifle and rifle cartridges. He and certain employees of the plaintiff, the employees acting without the plaintiff’s knowledge or consent and outside the scope of their employment, set up a target for rifle practice in the cellar of the store and fired at it with Palmer’s rifle. One of the bullets from…