Legal Opinion

Frances Metzger Wirth Stephan, Guardian of the Estate of Charles Wirth v. The Marlin Firearms Company, Inc.

Court of Appeals for the Second Circuit

Decided December 20, 1965No. 41, Docket 29128PublishedCited by 19 opinions

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

  1. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  2. Connors v. United StatesSupreme Court of the United States · 1895
  3. Dick v. New York Life InsuranceSupreme Court of the United States · 1959
  4. James Kiernan and Mary Kiernan v. Gerald Van Schaik, T/a Van's Atlantic StationCourt of Appeals for the Third Circuit · 1965
  5. Mercer v. TheriotSupreme Court of the United States · 1964

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3Cited by19 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Duane Earl Pope v. United StatesCourt of Appeals for the Eighth Circuit · 1967
  3. Don C. Silverthorne v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  4. Leo J. Schlinsky v. United StatesCourt of Appeals for the First Circuit · 1967
  5. United States v. Roger R. Ploof and George J. GodinCourt of Appeals for the Second Circuit · 1972

14 more not listed; retrieve them via the Exa API.

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