Junker v. Ziegler

The majority has adopted the view of the evidence advanced by defendants that plaintiff was negligent in that he continued to stand erect in the pit, looking at the goose after the first shot was fired in his direction by Ziegler and while the goose was landing in between the two pits. As defendants describe these events, the first shot came close to plaintiff, and yet plaintiff continued to gaze in the direction of the gun and continued to stand in the line of fire when he should have taken reasonable steps to protect himself by crouching down in the pit or at least by turning his head away…