80

New Amsterdam v. Jones ( )

Filling station ID v. accidents
occuring on the premises.

Protection racketeers asked for gas. ID
(intentional →) shot them all w/ rifle. But
he got the wrong man, not racketeers
at all.

Suit by deceased's rep. v. IR.

Held: Depends on who's suing. If injured
party suing IR, we'll look at it through
his eyes. But if ID pd.
injured party & then (...) v. IR, no
viewed from standpoint of injured party,
there was def. an accident.

(Note: ID here.) Might be able to use mistake of fact by
that way accident both ways.