McMillen v. Steele

Opinion by

Mr. Justice Kephart,

Plaintiff’s son died as a result of a gunshot wound inflicted by a minor child under the age of sixteen, who had *586purchased the gun at defendant’s store. The evidence is not clear whether the final sale was consummated by a clerk or defendant; we will assume the sale was made by a clerk. Plaintiff, in his individual capacity and as administrator of his son, sued the storekeeper, he was nonsuited because he failed to establish defendant’s culpable negligence, and because deceased was guilty of contributory negligence.

The Act of June 10, 1881, P. L. Ill, section 1,…