Koontz v. Whitney

Lively, PRESIDENT:

On October 1, 1928, plaintiff had climbed ten or twelve feet above the ground in some bushes or saplings in the edge of a woodland in a place remote from dwellings, and was picking wild grapes in a basket; defendant, while hunting squirrels with a shotgun loaded with No. 4 squirrel shot, and perceiving a movement in the bushes and grapevines about seventy-five or eighty feet away from where he was standing, at first concluded it was a pheasant in the grapevines, and a minute or so later upon seeing a small gray object therein, concluded it was a squirrél, and. fired…