Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1880-04-13
The ThOmpson.Dairge Case.

Inc 1hompS0n.Ua1EsefH S"'o'
The following is the full text of the dec slon
rendered by Judge Christian, aud corouIrid IN
By all the judges Of the Cou.t Of Appeal 10
the case Of Thompson vs. Daings r6ell, appeal
ed from the Circuit Court Ct this city, and 10
which the ldgncnt of the lower curt was
affirmed, as heretofore noticed in tho Gez,tto
DAir n6eld
va. O puon OF Judge Christian.
This is o writ Ct error to q judgment OF Tho
Gil cult Court Of the Ciy Of Alexandria.
The action was tr,s paas GU tho case, which
the defendant 10 errcr rhcmpsoD Instituted
against two defendants jointly, Georg, w.
Harrison and Reverdy J. Daingelfsld, charging
them, 10 various c)urts sot out 10 tho declaras
ton, with assault and battery made upon him
jointly by the said parties, by which said assault
he vas 40 wounded By pistol shot fired by
them hs 10 cause the loss by ampuation ct one
of his legs; and laying his damages for sSld To-.
Jury at the sum OF $40 900.
Both Of the defendants berg summoned to
answer this action ADD the defendant Harrison
DOT appearing, conditions order was confirm
ed 10 the clerks Office as to him and 40 OF curry
of damages directed.
Inc defendant Daingel64i appeared and
demurred to the declaration and entered lis
plea of not guilty. Subsequently the deten-
dant Harrison alao demu.rcd to tho declaration.
And afterwards at the May term Of said Circuit
Cou't, 1879. both pariss appeared by their
attorneys, and the defendant lDaiugerfeldI
moved the curt that thu cause b tried es to
fch tf the defendants separately, which motion
the curt granted, ard the cause was continued
as 10 the defendant Harrison. and was proceed,
ed with as to tho defendant DaiDgerf-lj. upon
tho is;u, Of not guilty as to him. And upon
this ISSUE Jury, after hearing tho evidence,
found verdict for the plaintiff The deIcodant
in error here against the defendant DANGER
fell, and asslss, I'd his damages at tho sum of
IS 600 Upon this verdict the Circuit Court
entered its judgment for tho sum OF SIS. 600,
the damages by the jury 10 thor verdict ascer-
tsined with COST.
10 this Judgment writ OF error WAS awarded
by one Of The Judges OF this coutt.
l am Of opinion that tho Circuit Court did
not err 10 overruliDg the demurrer to tho DO
claratior. The Summons sued out was to ausSer
an action Of trespasJ on the clso and the dcc'ar
alton charged the defendants with an assault in
various forms Ia threo disti1ci oouuts, aad
charging, as !ha ,ffeos OF said assault, the
woundiog Of the plaintiff. 80 as to c,usa smpu
iallcn OF liz leg, ard adding O fourth cluot,
setting forth 40 ordinarc, of the city Of Alex
npdria prohibiting the discharge of firearms iu
said city. ord also alleging the Continued sick.
ness. aud disorder aud suffering 10 c)bsequeLc
| OF said wound ADD the expenses in medical nt-
tendarc, aud other c>st oousr quent on said
wound, which he claimed amounted to largo
sun.
The allegations Of this declaration taken tc
be true By the demurrer certainly msko cut &
caso OF trcsnass, ard that action would Ii, al
| common law. And under our stat
will lie, heSpaSS on the case msy br
maintained, for by the 7th section Of chap. IFS
| Of Code of 1850 it ia provided that section !:
| In ATTY case 10 which 40 action Of tr:spass vii
lie, there may be maintained 40 action Of trts-
pass on tho case" Ii it, therefore, conclusive
that under cur statute tho casa SIT cur ia lie
| declaration is ono upon which an action on the
| case may be maintained. Tho demurrer, there
| ioro, was properly oVerrucd.
1t is proper to remark that the counsel who
argued the case here did not rely upon tho de-
| mutrer, but tho point having hocn ras ID 10 the
court below, thought il proper to noico it,
now pass 10 tho consideration of tho msiu
questions in this Cas-, which arc raised by the
Instructions given By the Circuit Court, and
| upon the mo!ljn tor now trial up0a tic
grGuLd that tho verde. was o0alfary to tic
evidences.
Ii is i;s! to be remarked that ia Ills case
there is GO certicato Of facts tu, only o Ger.
titlcac OF the evidence; and Tho rulo is we'll set
tied. that 10 srch case, as has be, n cpeacdy
decided ny this court, tho appellate court will
| only consider the evidence introduced by ;he
| party prevailing, and will not reVers, the
| judgment, unIcss nlier rise log all tho parcl
evidence OF tho cXcnptor, and giving full itith
and credit TO that Of the adverse pa,ty, the dc.
cison ct the court balow sill appears to b,
wrong. Reads case %. Grat'aa "A, GIn no W.
| Cullen, 20 Grattan 439. and o,ses there cited.
| Dean vs.. Commonwealth, Bank of DluVille, vs..
Waddel. and cases there ctcd-thc latter two
to be reported in 3lst Grattnn.
| Observing this rule, We proceed 10 consider
| the evidence, which is as follows: The plaintiff
| testified:
That 90 the night Ct the 5:h day CT Msrch,
1877, 10 the city of Alexandria. Va, ho was at
| bis restaurant on tho west side OF St. Aseph
street, between kiog aad Cameron streets.
when tbout 10 ,lock he closed his front door,
which opened en- St. Assph street, and luraed
| off one light therein; that there we're in the
room John Robey and plaintiff, and John D.x)p,
colored, au employee of psinlif, was back 10
| the kitchen, when he heard voices OF bis front
| door, AID persots seeking aduittaIc, and
knocking on the same and cuis:ng aud swear
| ing, aud aiso rapping 90 the window. 10 few
moments Mr. James r. Smuot entered by q
| size door which ope6ed 90 the alley 90 jaceot 90
| the south side Of tho house. and said Smoot
| told him 10 OF On tho door, Rev.-meapirg
| thereby the deiendant-was oateidu. lilo, tho
plaintiff. walked to oreu the door. and as he
! was putting bis hand 90 the knob of tho door
| opening from the restaurant into the passage
on the north side OF tho house. for the purpose
Of admitting the dfendant. be heard tho ex-
| posion OF pistol AID found hin self shot with
! q pistol bal through the right foot. lie cred
out that be was shot, and Immediately sfcr.
wards the front door was opened and Geo. w.
Harrison and tho defendant entered. Plain!ifl
was then seated in chair hoIdiug bis wounded
font. lialrsoo came up much excited saying,
"Mv God. what CAD [ do far vou - and