Morgan v. Cox
Supreme Court of Missouri
Error to St. Clair Circuit Court. Action to recover in the form of damages the value of plaintiff’s slave, alleged to have been killed by the accidental discharge of a gun in the hands of the defendant, a minor, by reason of his negligence. The defendant answered by his guardian ad litem, denying the negligence. The facts sufficiently appear in the opinion of the court.
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Error to St. Clair Circuit Court. Action to recover in the form of damages the value of plaintiff’s slave, alleged to have been killed by the accidental discharge of a gun in the hands of the defendant, a minor, by reason of his negligence. The defendant answered by his guardian ad litem, denying the negligence. The facts sufficiently appear in the opinion of the court. There was a verdict and judgment for the plaintiff below, and the defendant brings the case here by writ of error. cited 12 Pick. 177 ; 6 Shepley, 32 ; 11 East, 60 ; 2 Pick. 621; 2 Taunt. 314 ; 18 E. C. L. Rep. 487; 243 O. L.…
1Opinion of the CourtLeonard, Judge
We see no grounds for disturbing this judgment. The suit was for the negligent shooting of the plaintiff’s slave, and the only question was as to the fact of negligence. The defendant it seems had been out with his gun, and was asked by the plaintiff to aid him.and his servant in driving an unruly cow across the Osage river ; and while doing so he punched the cow with his loaded gun, and- in replacing it across his horse, the hammer struck the saddle as he supposed and caused it to fire, by which the plaintiff’s servant was shot and killed.
The court directed the jury, that if the killing,…
2Cases cited1 opinion
- Cole v. FisherMassachusetts Supreme Judicial Court · 1814
3Cited by31 opinions
- Stolle v. Anheuser-Busch Inc.Supreme Court of Missouri · 1925
- Brosnan v. SweetserIndiana Supreme Court · 1891
- Rudd v. ByrnesCalifornia Supreme Court · 1909
- Anderson v. SettergrenSupreme Court of Minnesota · 1907
- Bahel v. ManningMichigan Supreme Court · 1897
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