Atchison v. Dullam
Appellate Court of Illinois
Error to the Circuit Court of Boone county, the Hon. Chas. Kellum, Judge, presiding. This action was commenced by plaintiff in error against the defendant in error to recover damages sustained by reason of injuries received from a gun-shot wound, the gun being discharged while in the hands of the defendant.
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Error to the Circuit Court of Boone county, the Hon. Chas. Kellum, Judge, presiding. This action was commenced by plaintiff in error against the defendant in error to recover damages sustained by reason of injuries received from a gun-shot wound, the gun being discharged while in the hands of the defendant. The first two counts of the declaration are in case averring negligence upon the part of the defendant in handling the gun, by reason of which it was pointed at the plaintiff and negligently discharged and the plaintiff thereby shot and wounded. The last two counts are in trespass vi et…
1Opinion of the CourtPillsbury, J.
As early as Weaver v. Ward, Hobart, 134, trespass was allowed to be a proper form of action for the recovery of damages sustained by the plaintiff from a discharge of a gun in the hands of the defendant. An action of trespass vi et armis having been brought, the defendant pleaded that he and the plaintiff were soldiers in the same company, and by order of the commandant they were engaged with another company in military exercise in which the discharging of the guns was a part, and that liisgnn, by accident and misadventure and without his will, was discharged, by which the plaintiff was…
2Cases cited5 opinions
- Chicago, Burlington & Quincy Railroad v. WarnerIllinois Supreme Court · 1884
- Morgan v. CoxSupreme Court of Missouri · 1856
- Cole v. FisherMassachusetts Supreme Judicial Court · 1814
- Mutcha v. PierceWisconsin Supreme Court · 1880
- Kilgore v. GrevembergSupreme Court of Louisiana · 1855
3Cited by18 opinions
- Anderson v. SettergrenSupreme Court of Minnesota · 1907
- Farmers Automobile Insurance v. HamiltonIllinois Supreme Court · 1976
- Edwards v. JohnsonSupreme Court of North Carolina · 1967
- Crump v. BrowningDistrict of Columbia Court of Appeals · 1955
- Harrison v. AllenAppellate Court of Illinois · 1913
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