McCleary v. Frantz
Supreme Court of Pennsylvania
Appeal, No. 367, Jan. T., 1894, by defendant, Samuel O. Frantz, from judgment of C. P. Franklin Co., Dec. T., 1889, No. 79, on verdict for plaintiff, Harry McCleary. Trespass for personal injuries caused by alleged negligence of defendant in firing shotgun. At the trial, it appeared that plaintiff, in company with defendant and two other persons, started out from Waynes’boro on a gunning expedition.
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Appeal, No. 367, Jan. T., 1894, by defendant, Samuel O. Frantz, from judgment of C. P. Franklin Co., Dec. T., 1889, No. 79, on verdict for plaintiff, Harry McCleary. Trespass for personal injuries caused by alleged negligence of defendant in firing shotgun. At the trial, it appeared that plaintiff, in company with defendant and two other persons, started out from Waynes’boro on a gunning expedition. While on their way to the hunting ground, they discussed the danger of four persons hunting together, and the importance of their keeping together. They finally reached the edge of a woods near a…
1Opinion of the Court
Per Curiam,
In view of the testimony, this was clearly a ease for the exclusive consideration of the jury on the questions of negligence and contributory negligence. Belonging, as it does, to that large class of personal injury cases, wherein the standard of duty is variable and shifts with the facts developed on the trial, it became a question of fact for the jury to determine whether, in the circumstances, a reasonable and proper degree of care was exercised. The case was accordingly submitted to the jury by the learned president of the common pleas in a clear and concise charge in which…
2Cited by3 opinions
- Rudd v. ByrnesCalifornia Supreme Court · 1909
- Annear v. SwartzSupreme Court of Oklahoma · 1915
- Snyder v. Walters, Pennsylvania Court of Common Pleas, Berks County1933