Díaz v. Arroyo

The first assignment is that the district court erred in overruling a demurrer for want of facts sufficient to constitute a cause of action.. The action was for damages caused by a bullet wound which, it was alleged, defendant had inflicted through negligence. The theory of the demurrer was that the complaint did not show that defendant saw or could have seen plaintiff or had any reasons to believe at the time of firing that he would wound plaintiff or any other person. The complaint alleged:

“That . . . the plaintiff, a minor, was near the house where she lived, on a piece of property…