Forestal v. National Surety Co.

OpinioN op the Court by

Chief Justice Miller—

Affirming.

The appellant, Thomas Forestal, brought this action against the appellee, Wm. Henry Malone and the National Surety Company, surety upon Malone’s bond as a policeman of the city of Princeton, seeking to recover damages for an assault committed by Malone in shooting Forestal through his left thigh, breaking the large bone of his leg.

Malone traversed the petition; and, in the second paragraph of his answer, he admitted the shooting, but alleged it was done in self-defense and after Forestal had assaulted him by throwing rocks at him, and had…