Feld v. Borodofski
Mississippi Supreme Court
From the circuit court of Warren county. ITon. Oliver W. Catohings, Judge. Miss Borodofski, the appellee, was the plaintiff in the court below; Feld, the appellant, administrator of the estate of Joseph Emmers, deceased, was defendant there. From a judgment for $3,500 in favor of the plaintiff the defendant appealed to the supreme court. Emmers sought the hand of Miss Borodofski in marriage.
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From the circuit court of Warren county. ITon. Oliver W. Catohings, Judge. Miss Borodofski, the appellee, was the plaintiff in the court below; Feld, the appellant, administrator of the estate of Joseph Emmers, deceased, was defendant there. From a judgment for $3,500 in favor of the plaintiff the defendant appealed to the supreme court. Emmers sought the hand of Miss Borodofski in marriage. Presumably because the young lady rejected him, he shot her with a pistol, inflicting a serious and ugly wound in her face, and he then shot himself, from the effects of which he shortly afterwards died.…
1Opinion of the CourtC'ali-ioon, J.
It is well settled that a lunatic is not liable at all criminally, nor for punitory damages in civil actions. It seems equally well settled that he is liable for compensatory damages for injuries he inflicts on the person or on property. McIntyre v. Sholty, 121 Ill., 660 (13 N. E. Rep., 239; 2 Am. St. Rep., 140, and notes); Morse v. Crawford, 17 Vt., 499 (44 Am. Dec., 349); Behrens v. McKenzie, 23 Iowa, 333 (92 Am. Dec., 428, and notes); Williams v. Hays, 143 N. Y., 442 (38 N. E. Rep., 449; 26 L. R. A., 153; 42 Am. St. Rep., 743, and notes); 1 Suth. on Dam., p. 43; 2 Suth. on Dam., p. 1101;…
2Cases cited7 opinions
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Williams v. . HaysNew York Court of Appeals · 1894
- Morse v. CrawfordSupreme Court of Vermont · 1845
- McIntyre v. SholtyIllinois Supreme Court · 1887
- Gray v. HarrisMississippi Supreme Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Frei v. BrownleeNew Mexico Supreme Court · 1952
- Howard v. SwiftIllinois Supreme Court · 1934
- McGuire v. AlmyMassachusetts Supreme Judicial Court · 1937
- Deposit Guaranty Bank & Trust Co. v. NelsonMississippi Supreme Court · 1951
- Musselwhite v. StateMississippi Supreme Court · 1952
14 more not listed; retrieve them via the Exa API.