Helms v. Harris

MASSEY, Chief Justice.

Plaintiff Jennie V, Helms, a patron of a market operated by defendant S. D. Harris, was standing by the checking stand conversing with defendant when a masked bandit approached and pointed a revolver at the defendant. The defendant spoke words indicating that he was submitting to the holdup, and then, upon the bandit’s momentarily glancing toward the rear of the store to see if his activity was being observed, grabbed the bandit’s revolver and started wrestling with him for possession of it. The bandit prevailed, whereupon the defendant dived behind the checking stand.…