Fowler v. Monteleone

HIGGINS, Judge.

Plaintiff, a member of a deer-hunting party, sued the defendant, another member thereof, to recover damages for personal injuries alleged to have resulted from the defendant negligently shooting him and also for medical expenses incurred.

Defendant admits that he shot the plaintiff, but denies that he was in any way at fault, and specially pleaded contributory negligence on the ground that the plaintiff had left his stand before the hunt was ended and placed himself in the underbrush in such a position as to give the apearance of being a deer.

There was judgment in favor of the…