Sheing v. Remington Arms Co.

Richards, P. J.:

The plaintiff brought this action to recover damages for injuries which he received, as the result of the explosion of a shotgun shell, which was manufactured hy the defendant, in the open breach of his shotgun.

*592The shell was taken from a box of shells purchased from a retail merchant. When the plaintiff put it in his shotgun and attempted to fire it the shell failed to discharge; he then broke his gun and the ejector threw it out causing it to fall on the ground. After he picked it up and put it back in the barrel of his gun but before he could close it, while the breach was…