Jamison v. Howard

Lewis, Chief Justice:

This action was instituted by plaintiff-appellant against the defendant-respondent, George Howard, Jr., as the principal, and defendant James Hallums, as Howard’s agent, to recover damages sustained from a gunshot wound which rendered appellant a paraplegic. The respondent Howard alone moved for summary judgment. His motion for summary judgment was granted by the lower court upon the ground that there was no evidence upon which to base the conclusion that defendant Hallums was his agent at the time of the alleged assault, which showing was, admittedly, necessary in order…