Porter v. Thompson

February 6, 1945, William Robinson, a private watchman of respondent, shot and killed plaintiff's husband, Ewell Grant Porter, and plaintiff filed this cause against Robinson and respondent to recover $10,000 for the alleged wrongful death of her husband. At the close of plaintiff's case the trial court, on motion, directed a verdict for respondent and the jury returned a verdict against Robinson for $6,500. Robinson did not appeal, but plaintiff appealed from the judgment of dismissal as to respondent.

At the time Robinson shot plaintiff's husband he (Robinson) was stationed at the Biddle…