Glueck

The widow and children of Frederick Glueck, deceased, have brought this action to recover damages for his death, which occurred under the following state of facts:

Defendant and a friend were firing at a target with pistols at a distance of about one hundred and thirty-five feet, and near the home of Glueck. He was standing at an angle from the target and defendant and some forty feet distant from the target, and one hundred and fifty feet distant from defendant, observing the firing. Defendant’s pistol became disarranged, and while holding it upon his knee and in the act of repairing the defect it was fired, and the ball struck and killed Glueck. The pistol was pointed in the general direction of Glueck at this time. The evidence is sufficient to indicate that fact, especially so when the sad results of the shot are considered. Upon this, state of facts were the jury justified in holding defendant pecuniarily liable? The true solution of this question is dependent upon the propositions, viz: Was the defendant guilty of negligence, and if so, was the deceased guilty of such contributory -negligence as would release defendant from liability? Appellant’s counsel contend with but…