Taylor v. Seil
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-gan county: Michael Kiewaw, Circuit Judge. Action for damages resulting from the death of plaintiff’s son by a shot from a gun claimed to have been held and discharged by the seven-year-old son of the defendant.
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Appeal from a judgment of the circuit court for Sheboy-gan county: Michael Kiewaw, Circuit Judge. Action for damages resulting from the death of plaintiff’s son by a shot from a gun claimed to have been held and discharged by the seven-year-old son of the defendant. The. evidence tended to prove that the defendant purchased what is described as a Stevens 22-caliber rifle, shooting a powder and ball cartridge, for the use of his son Nicholas, about seventeen years old, who was described as severely crippled in his lower limbs, so that walking was very difficult; that Nicholas was accustomed to…
1Opinion of the CourtDodge, J.
1. Appellant’s principal contention is that the trial court ought to have found respondent’s negligence established as matter of law, and either directed the jury to find him negligent, or set aside their finding to the contrary. The substance of the facts disclosed by the evidence is set forth in our statement of facts. We are not prepared to say that no reasonable mind could reach a conclusion of ordinary care therefrom. It certainly is not unusual among farmers that boys of seventeen are intrusted with firearms. Nor is it obvious negligence to intrust the carrying of an unloaded gun to a…
2Cases cited4 opinions
- Cupps v. StateWisconsin Supreme Court · 1904
- Hacker v. HeineyWisconsin Supreme Court · 1901
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
- Barton v. BruleyWisconsin Supreme Court · 1903
3Cited by8 opinions
- Hopkins v. DroppersWisconsin Supreme Court · 1924
- Anderson v. Horlick's Malted Milk Co.Wisconsin Supreme Court · 1909
- Van de Bogart v. Marinette & Menominee Paper Co.Wisconsin Supreme Court · 1906
- Hardt v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1907
- Lukens Iron & Steel Co. v. Hartmann-Greiling Co.Wisconsin Supreme Court · 1919
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