Frances Metzger Wirth Stephan, Guardian of the Estate of Charles Wirth v. The Marlin Firearms Company, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
LEVET, District Judge.
The plaintiff appeals from a jury verdict in favor of four defendants in a diversity action which sought damages for injuries suffered by the plaintiff’s ward in a hunting accident.
The action centers around one. 22 calibre rifle, a Model 89A manufactured by appellee Marlin Firearms Company, Inc. in 1947. On September 23, 1961, appellee Charles Pavlick, then fifteen years old, accompanied by his uncle, appellee, John Misciuch, purchased the rifle in question, second hand, from a retail gun shop run by appellee Landers. Pavlick was too young to buy the rifle himself, but…
2Cases cited17 opinions
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- Mercer v. TheriotSupreme Court of the United States · 1964
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- United States v. Roger R. Ploof and George J. GodinCourt of Appeals for the Second Circuit · 1972
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