Balin v. Lysle Rishel Post No. 68 American Legion

The opinion of the court was delivered by

Thiele, J.:

This was an action in which the plaintiff sought to recover damages, sustained as the result of negligent use of firearms, from Lysle Rishel Post No. 68, American Legion, a corporation, and its employee Edd Wood, Jr. Hereafter the parties are referred to as the plaintiff, the corporation and as Wood.

The issues were formed by plaintiff’s amended petition, which stated three causes of action, and the answer of the corporation.

At the trial the motion of the corporation for judgment on the plaintiff’s opening statement was sustained as to the…