Mallette v. Hurt

ROBERTSON, Presiding Justice,

for the Court.

William V. Hurt sued Ray Mallette in the Circuit Court of Jackson County for damages sustained by him when Mallette came over to his house in the early morning hours of October 18, 1974, and shot him in the abdomen with a shotgun.

Plaintiff charged in his declaration that his injuries, suffering and disability resulted from the following acts of the defendant:

a. Defendant negligently and carelessly allowed a dangerous instrument to be discharged striking the Plaintiff.

b. The Defendant negligently and carelessly failed to take due care to make sure the…