Dick v. Higgason

STEWART, Judge.

June Higgason sued E. L. Dick d/b/a Dick Auto Parts & Salvage (hereinafter called “Dick”), alleging he negligently permitted a minor, James Mercer, to obtain a 22-calibre rifle from his office and, in the use of it, young Mercer shot Higgason who at the time was working on a bulldozer in a field some distance away. Upon submission of the case to the jury a verdict of $2,797.-70 was rendered and judgment was duly entered.

Dick appeals urging a reversal upon the basis that he was entitled to a directed verdict at the conclusion of Higgason’s testimony, pursuant to a motion made…