Arthurs v. Johnson

CULLEN, Commissioner.

C. J. (Creed) Johnson, a deputy sheriff of Lewis County, went with the sheriff and another deputy to the home of Hubert Arthurs for the purpose of taking him into custody on a warrant for a lunacy inquest. Johnson was killed by gunshots from inside the house. His widow brought this action to recover damages for wrongful death, against Arthurs, for whom in the meantime a committee had been appointed. The action was based upon KRS 411.ISO, which permits the widow to sue for a death caused by the “careless, wanton or malicious use of a deadly weapon, not in self-defense.”…