Eldred v. Burns

The reversal of the judgment in this case is not justified and does not square with my sense of justice. It is conceded that Blackwolf shot the plaintiff. Why did he shoot him? In the answer to the amended complaint, various reasons are assigned, viz: (1) Plaintiff was a trespasser; (2) Blackwolf shot in defense of property and person; (3) Blackwolf accidentally shot the plaintiff. During the course of the trial, however, the defense of property was withdrawn. Blackwolf held to the theory that the shooting was accidental, but counsel for appellants very properly conceded that the sole issue…