SILAS V. BOWEN
277 F. Supp. 314 (1967)
NATURE OF THE CASE: Bowen (D), the operator of a lot, pleaded self-defense in Silas' (P)
battery action to recover damages for a gunshot wound to the foot.
FACTS: P was engaged in his basic training as a member of the Missouri National Guard. D
operates a parking lot just outside one of the main gate entrances to Fort Jackson. P
brought a car to the parking lot of D and engaged a mechanic who was present at the lot,
though not employed by D to make certain repairs to the car. They returned about a week
later, and reclaimed the car, after paying the full repair charges. They then drove in the
car to the City of Columbia. They went partying and by the time they returned to the lot
they had consumed some beer and also had some in the car. They noted that the repairs made
to the car were not satisfactory and that the clutch thereon was still slipping. They then
returned to the parking lot to demand a correction of the condition of the clutch. They
drove into the parking lot at an excessive speed, indicating undoubtedly his anger at
discovering that the car had not been properly repaired. They were upset and had been
drinking, but denied that either of them was drunk. When they demanded that the car be
repaired, D stated that the repairman did not work for him and was not then at the lot. P
allegedly got out of the car along with his companion, and approached D in a threatening
manner, cursing and abusing him. D demanded they leave and when they did not he went into
his office and got a shotgun. With the gun in D's hand, P approached D and took him by the
shoulder with one hand, with his other hand in his pocket. D became frightened by the action
and the language and believing himself in danger of serious bodily harm, drew back and fired
the gun, not at P but towards the ground, hoping that this would induce P to withdraw and to
cease any threat of serious bodily harm to him. It was clear that D was not seeking to kill
P. P's foot was wounded. P sued D for battery.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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