Smith v. Jungkind

GRAY, Justice.

Appellee sued appellants for damages sustained by him as the result of an alleged intentional shooting of appellee by appellant, Dean Oscar Smith, while acting in the course of his employment with appellants, H. A. Fitzsimmons and Fitzsimmons Land and Cattle ’Company.

Upon the trial a jury, among other findings, found that: Dean Oscar Smith fired the shot that struck appellee ;■ that he fired the shot with intent to injure; that the shot was the proximate cause of appellee’s injuries; that at the time he fired the shot Smith was acting in the scope of his employment; that…