Boyle v. Bornholtz

Plaintiff, as administrator of the estate of J ames Boyle, deceased, brought this action alleging that the defendant was a regular merchant policeman in Sioux City, Iowa; that on December 5, 1935, the defendant, without cause or provocation and with malice, shot James Boyle while he was running away from the defendant, and on December 10, 1935, the said James Boyle died from the injury received. Plaintiff asked actual damages in the sum of $14,650 and for exemplary damages in the sum of $10,000.

The defendant in his answer alleged that his duties as a merchant policeman consisted of guarding…