Scheuerman v. Scharfenbergh
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by -Joe Scheuermann, pro ami, against William Scharfenberg, for damages for being shot by a spring gun in an attempt to burglarize a store. Judgment for defendant and plaintiff appeals. The defendant was liable in this case. — Simpson v. The Statej 59 Ala. 14; State v. Blair, 29 L. B. .A. 154. It follows that the demurrers should have been sustained to defendant’s pleas.
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Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by -Joe Scheuermann, pro ami, against William Scharfenberg, for damages for being shot by a spring gun in an attempt to burglarize a store. Judgment for defendant and plaintiff appeals. The defendant was liable in this case. — Simpson v. The Statej 59 Ala. 14; State v. Blair, 29 L. B. .A. 154. It follows that the demurrers should have been sustained to defendant’s pleas. Under no circumstances can the defendant be held liable in this action. —Bangor v. Smith, 77 Am. Dec. 247; Spalding v. Preston, 50 Am. Dec. 74; Thorne…
1Opinion of the CourtMayfield, J.
This appeal presents but one question, which is as novel as it is difficult. The question is this: Is the owner of a storehouse, in which goods and other valuables are kept by him for sale and deposit liable in trespass to a would-be burglar of such store, who is shot by means of a spring gun placed in the store by the owner for the purpose of shooting persons who might attempt to burglarize it — the gun being discharged by the would-be burglar while in the attempt to enter, but after the breaking is completed? We have been unable to find any case exactly like it, and but few kindred ones.
The…
2Cases cited18 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Pond v. PeopleMichigan Supreme Court · 1860
- Storey v. StateSupreme Court of Alabama · 1882
- Jones v. StateSupreme Court of Alabama · 1884
- Suell v. DerricottSupreme Court of Alabama · 1909
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. CeballosCalifornia Supreme Court · 1974
- Hill v. Tualatin AcademyOregon Supreme Court · 1912
- Wilder v. GardnerCourt of Appeals of Georgia · 1929
- Gandy v. CopelandSupreme Court of Alabama · 1920
- Nashville, C. & St. L. Ry. v. BlackwellSupreme Court of Alabama · 1918
7 more not listed; retrieve them via the Exa API.