Wynkoop v. Mayor of Hagerstown

This is an appeal from a judgment for the defendant on demurrer, entered by the Circuit Court for Allegany Oounty in an action on the case brought by Ross C. Wynkoop against the Mayor and Council of Hagerstown, for injuries inflicted upon him by an intoxicated and irresponsible man armed with a deadly weapon. The basis of the action is the alleged negligence or nonfeasance of the defendant in failing to prevent the person, by whom the plaintiff was injured, from being at large while he was in that condition, in the possession of a loaded pistol.

The declaration contains three counts. The first…