Conway v. Reed
Supreme Court of Missouri
appeal from Buchanan Circuit Court — Hon. Jos. P. Grubb, Judge. This was an action for damages sustained by respond-dent in consequence of the alleged unlawful and wrongful shooting of him by the appellant, whereby the amputation of his left leg was rendered necessary, and other injuries were suffered by him.
Read the full summary
appeal from Buchanan Circuit Court — Hon. Jos. P. Grubb, Judge. This was an action for damages sustained by respond-dent in consequence of the alleged unlawful and wrongful shooting of him by the appellant, whereby the amputation of his left leg was rendered necessary, and other injuries were suffered by him. In addition to the denial of the allegations of the petition, the answer set up, as a special defense, that appellant and respondent, and other boys about their own age, twelve or thirteen years, were out playing together, having a gun, and that in the course of their talk and play,…
1Opinion of the CourtHenry, J.
— An infant is liable for a tort in the same manner as an adult. Bullock v. Babcock, 3 Wendell 391; *351Campbell v. Stakes, 2 Wend. 138; Vasse v. Smith, 6 Cranch. 230 ; Morgan v. Cox, 22 Mo. 374.
It is contended by appellant that, because the petition alleged that defendant unlawfully and wrongfully assaulted the plaintiff and shot him with a gun, evidence of a negligent or careless shooting would not sustain the averment in the petition ; in other words, that the petition alleged one cause of action, and the evidence established another, if any. Bullock v. Babcock, supra, was an action of…
2Cases cited4 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. HolmeSupreme Court of Missouri · 1873
- Bullock v. BabcockNew York Supreme Court · 1829
- Castle v. DuryeeNew York Court of Appeals · 1865
3Cited by18 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Martin v. YeohamMissouri Court of Appeals · 1967
- Morgan v. MulhallSupreme Court of Missouri · 1908
- McLaughlin Ex Rel. McLaughlin v. MarlattSupreme Court of Missouri · 1922
- Lange v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1907
13 more not listed; retrieve them via the Exa API.