Berney v. Volk

Plaintiff, Floyd Earl Berney, brought an action in trespass on tbe case alleging that while both be and tbe defendant, Frank J. Yolk, were members of a party of 5 engaged in bunting small game, defendant carelessly, negligently, willfully and wantonly bandied bis shotgun in such manner that he shot plaintiff: and thus inflicted severe' and disabling injuries including probable loss of eyesight. Defendant’s answer denied liability and alleged that plaintiff had been contributorily negligent. Prior to trial plaintiff filed interrogatories requesting the make, model, gauge, and registration…