Legal Opinion

Poland v. Earhart

Supreme Court of Iowa

Decided December 11, 1886PublishedCited by 10 opinions

Appeal from Wapello Circuit Court. AotioN for the recovery of damages. Plaintiff alleges in her petition that defendant sold a revolver to her minor son, who, while afterwards handling said weapon, accidently discharged the same, and the ball therefrom passed through his hand, breaking some of the bones thereof, and disabling him for a long time from doing any labor; and she seeks to recover the value of his services during the time he was disabled ; also the expense of…

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Appeal from Wapello Circuit Court. AotioN for the recovery of damages. Plaintiff alleges in her petition that defendant sold a revolver to her minor son, who, while afterwards handling said weapon, accidently discharged the same, and the ball therefrom passed through his hand, breaking some of the bones thereof, and disabling him for a long time from doing any labor; and she seeks to recover the value of his services during the time he was disabled ; also the expense of nursing and caring for him during the same time. Defendant demurred to the petition on the ground that the damages sought to…

1Opinion of the CourtReed, J.

Defendant’s act of selling the revolver to plaintiff’s minor son was a misdemeanor, which, by the provisions of chapter 78 of the Acts of the Twentieth General Assembly, is punishable by fine or imprisonment. One who has been injured by the unlawful or criminal act of another may maintain an action for the recovery of the damages sustained by him in consequence of the injury. Messenger v. Pate, 42 Iowa, 443. In such cases the wrong doer is held liable, not only for such injuries as are the immediate and natural consequences of his misconduct, but for all such consequential injuries as might…

2Cases cited1 opinion

  1. Messenger v. PateSupreme Court of Iowa · 1876

3Cited by10 opinions

  1. Neff Lumber Co. v. First National BankOhio Supreme Court · 1930
  2. Scoggins v. Wal-Mart Stores, Inc.Supreme Court of Iowa · 1997
  3. Harris v. CameronWisconsin Supreme Court · 1892
  4. Borck v. Michigan Bolt & Nut WorksMichigan Supreme Court · 1896
  5. Meyer v. KingMississippi Supreme Court · 1894

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