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Torts Keyed to Henderson
Courvoisier v. Raymond
Citation:
23 Colo. 113, 47 P. 284 (1896)Facts
Defendant was asleep in his bedroom in the second story of his jewelry store. His sister was asleep down the hall. Just after midnight, defendant was startled awake by the sound of men trying to break into his store. He went downstairs to confront them. The robbers used profane epithets, broke some signs upon the front of the building, and then entered the building by another entrance, and passing upstairs commenced knocking upon the door of a room where defendant’s sister was sleeping. Defendant grabbed his revolver and chased them out to the street. Defendant fired warning shots in the air to frighten them away, but they started throwing rocks at him. The shots attracted plaintiff Edwin Raymond, a police officer. Plaintiff approached defendant, claiming that he was an officer and asking defendant to stop shooting. Defendant fired at plaintiff and caused an injury. Plaintiff sued for assault.
Defendant claimed that plaintiff was approaching him in a threatening attitude, and he shot in self-defense as he genuinely believed that he was in danger at that moment.
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