Smith v. Moran

SMITH, J:

Defendant appeals from a judgment entered against her on a jury verdict of $15,000. Count I of the complaint charged that the defendant “with force and arms, assaulted the plaintiff and shot off a certain gun ... at and against the plaintiff,” etc. Count II charged that the defendant “recklessly, willfully, wantonly and maliciously discharged a certain gun . . . with a deliberate intent to inflict injury, or with an intentional disregard for the safety of the plaintiff aforesaid, and with an entire absence of care for the safety of the plaintiff, such as would show a conscious…