Miller v. Dayton
Supreme Court of Iowa
Appeal from Jefferson District Court. The plaintiff, as administratrix of the estate of W. L. Miller, deceased, brings this action to recover of the defendant damages for the alleged willfully and maliciously killing the said W. L. Miller. There was a jury trial resulting in a verdict and judgment for the plaintiff in the sum of $5,050. The defendant appeals. The material facts are stated in the opinion.
1Opinion of the CourtDay, J.
i. instetjctxojts: actioij. trator“ftUtoe to test?iy^ani: The deceased was killed by a shot from a gun whilst walking along the highway with the plaintiff, his wife, on the evening of the 29th of August, 1877. The ° ° Perscm who fired the fatal shot was concealed on the opposite side of the fence, on the north side of the road, behind a fallen tree top, covered with dried leaves, and affording complete protection from sight from the road. The surrounding trees and brush were so situated that in a very few steps the party could be completely out of sight from the fence. No one saw any person…
2Cases cited5 opinions
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
- Scott v. StateSupreme Court of Alabama · 1857
- Gordon v. . the PeopleNew York Court of Appeals · 1865
- State v. SteelingSupreme Court of Iowa · 1872
- State v. RosierSupreme Court of Iowa · 1881
3Cited by14 opinions
- Kolkman v. PeopleSupreme Court of Colorado · 1931
- Skelly v. United StatesCourt of Appeals for the Tenth Circuit · 1935
- Southern Natural Gas Co. v. DavidsonSupreme Court of Alabama · 1932
- State v. DilleyWashington Supreme Court · 1906
- State v. WardNevada Supreme Court · 1886
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