Torts Keyed to Epstein
Courvoisier v. Raymond
Defendant was asleep in the second story of a building. He occupied a portion of the lower floor of this building as a jewelry store. Parties shaking or trying to open the door of the jewelry store woke Defendant up. These parties insisted on being admitted into the jewelry store. Upon Defendant’s refusal, the parties broke some signs and entered the building through another entrance. The parties knocked on the door where Defendant’s sister was sleeping. Defendant grabbed his gun and chased the parties out of the building. In order to frighten the parties, Defendant fired a warning shot in the air. The parties were not scared and threw bricks at Defendant. Defendant fired more warning shots. The first warning shot attracted Plaintiff, a police officer. Plaintiff approached Defendant, calling out to him that he was a police officer and to stop shooting. It was dark but the street was well lighted. Defendant took aim of Plaintiff and fired, causing injury to Plaintiff. Plaintiff claims that Defendant, knowing him to be a police officer, recklessly fired the shot in question. Defendant claims that Plaintiff was approaching in a threatening manner and the surrounding circumstances were such to cause a reasonable man to believe that his life was in danger. The trial court held in favor of Plaintiff. Defendant appealed.
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