Braswell v. Braswell

PHILLIPS, Judge.

The claim based upon respondeat superior having been eliminated from the case, the determinative question presented by this appeal is whether plaintiffs evidence tends to show that some independent negligence of defendant Sheriff proximately contributed to plaintiffs intestate being killed by Deputy Braswell. Plaintiff contends that the evidence tends to show defendant’s negligence in three respects, the first of which was failing to protect plaintiffs decedent from an attack by Billy Braswell after promising her that such protection would be provided. This theory of legal…