Legal Opinion

Ater v. Ellis

Court of Appeals of Texas

Decided January 5, 1921No. 1734Published

Appeal from District Court, Lubbock County ; H. O. Randolph, .Special Judge. Action by George Ater, by A. B. Ater, his father, as next friend, against Temple Ellis. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtHuff, C. J.

The appellant, George Ater, by his father as next friend, sued appellee, Temple Ellis, for damages actual and puni-tory aggregating the sum of $50,000, for personal injuries alleged to have been received from a gunshot wound, inflicted by appellant, wrongfully, willfully and maliciously. The appellee answered by general denial and contributory negligence, and set up the following:

“That on the night of July 29, 1918, plaintiff and his said family were at their home in said city; that between the hours of 11 o’clock p. m. and 12 M. on said date, this defendant’s minor daughter came into the…

2Cases cited8 opinions

  1. New Orleans & Northeastern Railroad v. JopesSupreme Court of the United States · 1891
  2. March v. WalkerTexas Supreme Court · 1877
  3. Grant v. HassCourt of Appeals of Texas · 1903
  4. Dallas Consolidated Electric Street Railway Co. v. PettitCourt of Appeals of Texas · 1907
  5. Chapman v. HargroveCourt of Appeals of Texas · 1918

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