Belt Railway Co. v. Banicki

Mr. JusticeWaterman

delivered the opinion of the court.

Counsel for appellee say:

“Aside from plaintiff, three witnesses whose credibility is not impeached by a single circumstance, testify with practical unanimity to facts from which it appears beyond doubt that the watchman, either by the grossest kind of negligence, amounting to wantonness, or willfully and maliciously, inflicted a serious wound on plaintiff, by shooting him in the knee. It also appears by uncontradicted testimony that it was the watchman’s duty to keep out of the yard in which the shooting occurred, people who had no…