Struble v. Valley Forge Military Academy
Superior Court of Pennsylvania
1Opinion of the Court
HESTER, Judge:
Valley Forge Military Academy (sometimes referred to as the “Academy”) appeals following a jury’s determination that it is partially liable for injuries sustained by Stanley Struble, III, appellee, when he fired a ceremonial cannon during an Academy event. We reject appellant’s claim that appellee assumed the risk of his injuries as a matter of law. We also conclude that once the trial court determined that appellant was not entitled to a compulsory non-suit on the basis of that doctrine, it correctly refused to charge the jury on the doctrine of assumption of the risk in this…
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