Fidelity Casualty Co. of N.Y. v. Maddox

Opinion of the Court by

Judge Ratliff

Reversing.

Appellant became surety upon the official bond of Edward L. Carrithers as a county patrolman. On the night of September 8, 1934, Carrithers shot Hugh Maddox, appellee, through the foot with a pistol, and Maddox brought this suit against Carrithers and appellant as surety on his official bond to recover for the injury thus sustained. The trial resulted in a verdict and judgment thereon in favor of Maddox for $710, and the surety company appeals.

The sole ground relied upon for a reversal of the. judgment is that the evidence shows conclusively that…