Felgner v. Anderson

The only issue presented in this appeal which merits extended discussion concerns the refusal of the trial judge to charge the jury, as requested by defendant, on the doctrine of assumption of risk. Other issues presented need be mentioned only briefly.

About 3 in the afternoon of October 7, 1960, that being the first day of the duck season, plaintiff and defendant were duck hunting in a small flat-bottomed boat. The locale was the Schoolcraft marsh in *27Kalamazoo county. The boat was seven feet long and three feet wide. Plaintiff was in the stern, facing the bow. Defendant was seated at the…