Lewis v. Fleer

Citations

• 30 Pa. Super. 237
• 1906 Pa. Super. LEXIS 54

Syllabus

<p>Damages — Deliberate shooting — Trespasser—Punitive damages.</p> <p>Where a landowner observing a boy trespassing on his land deliberately goes into his house, secures a deadly weapon, and when within killing distance shoots twice at the boy who is unarmed, and is going away from him at the time, he is guilty of such wanton recklessness, vindictiveness and willful cruelty as will justify a jury in assessing punitive damages against him.</p> <p>Evidence — Infants—Jury.</p> <p>Where one has within himself the power to produce evidence of a particular fact in his favor, the jury may infer that if it were produced it would be unfavorable to him.</p>