Smith v. Jennings

STARR, Chief Judge.

This is a civil action for damages, and in considering the defendants’ motion to dismiss, it is necessary to set forth briefly the factual background out of which the action arises.

On August 4, 1953, and prior thereto defendants Lyle Jennings and his wife, Ethel Jennings, owned and operated a small rural grocery store or delicatessen in Silver Creek township, Cass county, Michigan. Defendant Ljde Jennings was confined to a wheel chair, both of his legs having been amputated above the knees. In the afternoon of August 4th two Negroes, armed with dangerous weapons, entered…