Manning v. Jones
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Charles Coffin, Judge; STATEMENT BY THE COURT. J. O. Manning 'brought this suit against W. P. Jones and R. C. Morehead, to recover damages for injuries sustained by him on account of their alleged negligence and carelessness in shooting him while engaged in hunting on his premises.
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Appeal from Independence Circuit Court; Charles Coffin, Judge; STATEMENT BY THE COURT. J. O. Manning 'brought this suit against W. P. Jones and R. C. Morehead, to recover damages for injuries sustained by him on account of their alleged negligence and carelessness in shooting him while engaged in hunting on his premises. The circumstances under which the injury occurred are substantially as follows: The place where the injury occurred is a fruit farm owned by a corporation of which the defendant, Jones, was the president and manager. The plaintiff made a contract with Nelse Barnett, an agent…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is insisted by counsel for appellant that the court erred in directing a verdict for appellees, and in this we think counsel is correct. Assuming that the defendants had a right to be on the premises and to hunt there, this fact of itself did not absolve them from liability under the facts stated. The test of liability is, not whether the injury was accidentally inflicted, but whether the defendants were free from blame.
Mr. Thompson, in drawing the distinction between an intentional shooting and a shooting by mere accident, says: “But where the weapon is…
2Cases cited2 opinions
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3Cited by15 opinions
- Askay v. MaloneyOregon Supreme Court · 1919
- Adams v. DuntonMassachusetts Supreme Judicial Court · 1933
- Loreno v. RossSupreme Court of Alabama · 1931
- Purtle v. SheltonSupreme Court of Arkansas · 1971
- Hawksley v. PeaceSupreme Court of Rhode Island · 1916
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