Hutchison v. Toews

Plaintiff appeals from a judgment of involuntary nonsuit, entered on motion of both defendants at the conclusion of the plaintiff’s case.

Plaintiff and his friend, Phillip Brown, both 15 years old, attempted to shoot a homemade pipe cannon which exploded, injuring plaintiff’s hands. They had made the explosive charge by mixing potassium chlorate and powdered sugar.

Brown, as plaintiff’s witness, testified that he and the plaintiff had “badgered” defendant Toews, the chemistry teacher at Phoenix High School, for potassium chlorate to use in fireworks experimentation. He said they had asked Mr.…