The Hawaiian gazette., 1903-07-17
ABOUT TWO
SECURITIES
Continued from page 81

continued lToln page so
that the minor itself would be liable at
the common law"
Victoria, a minor, by her next friend
brought an action in trespass against
the defendant to recover $1,000 damages
for personal injuries resulting from
gunshot wounds inflicted by the de-
PENDANTS son. The jury found YER
dict of 5000 for the plaintiff. The opin-
ion gives the follow ing statement Of
the cause of action:
'.It appears that the defendants son,
a minor, while playing with shotgun,
claiming that he did not know 1t was
loaded pointed it at the plaintiff who
happened to be near by, and went
through the act of shooting, with the
result usual in such cases. The gun
was loaded and the charge of birdshot
took effect in the plaintiffs face and
one eye, completely destroying the
sight of the eye and injuring her other
WISE The gun belonged to Japanese
employed by the defendant and was
taken by the boy from the veranda of
the house where 1t had been placed by
the owner. The shooting was not in
the presence of the father and 1t does
not appear that he knew that the boy
was playing with the gun prior to the
shooting"
Judge Hardy charged the jury that
the defendant was liable for the injury
done by his minor son. Defendant ex-
copied to this instruction, contending
that the question of liability should
have been submitted to the jury under
proper instructions. On this exception
and on the refusal of the court to give
two instructions requested the defen-
dant appealed. Justice Galbraith says
Of the latter ground Of appeal: "These
instructions set out a reasonably fair
statement of the law relating to the
criminal liability of infants, but this
was not the law applicable to this
case"
The exceptions are overruled. there
fore the verdict stands. Smith & Lewis
and Louis j. Warren for defendant; no
brief for plaintiff.
ODD NOTES.
The First National Bank of Hawaii
and M. L. Calm, assignee, have sew
orally discontinued their suits for debt
against the Hawaiian Supply Co., ltd,
with the Fireman's Fund Insurance Co.
ct al, garnishees.
In the case of Macfarlane & Co., Ltd,
VS.. d. H. Kahaulelio. defendant an
swers with a general denial.
Marian Reed Austin for herself an
swers the complaint in foreclosure of
mortgage made by Geo. F. .tenton
against her and her husband, Herbert
C, Austin. She admits that she exc
cuted a certain instrument the tenor
of which she did not nor does not know
except by hearsay, but denies that it
was a mortgage and, If it was, that
the conditions have been broken to the
extent of meriting foreclosure.
for the same concern.
The trustees Of the Lunalilo Estate
have brought suit to foreclose mort
gage against M. G.. Silva and w. e.
Fisher, receiver in the Silva divorce
case.
Caroline Haughton has brought a
partition suit against Percy X. Moss
man, a minor, ct al, for Emma street
property.
Mary E. Foster Is suing foreclosure
Of mortgage against Ernest Kaai.
Judge Gear heard the Teixeira d.
vorce case yesterday.
Judge Estee was engaged yesterday |
hearing the admiralty suit of Samuel
master, and Redmond p. Do
ran, mate, against the Matsen Naviga-
ton Co., claiming wages under an al
eyed engagement to bring the steamer
Charles Counselman from Hilo to Ho-
nolulu.