Winans v. Randolph
Supreme Court of Pennsylvania
Appeal No. 221, July T., 1891, by defendant, from judgment of O. P. Crawford Co., May T., 1893, No. 85, on verdict for plaintiff. Trespass for personal injuries. At the trial it appeared that on Thanksgiving Day of 1892, plaintiff and defendant, with three or four other persons, went gunning for rabbits. The party became lost in a swamp, and plaintiff undertook to lead them out to a public road. In doing so he walked ten or twelve feet ahead of the defendant.
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Appeal No. 221, July T., 1891, by defendant, from judgment of O. P. Crawford Co., May T., 1893, No. 85, on verdict for plaintiff. Trespass for personal injuries. At the trial it appeared that on Thanksgiving Day of 1892, plaintiff and defendant, with three or four other persons, went gunning for rabbits. The party became lost in a swamp, and plaintiff undertook to lead them out to a public road. In doing so he walked ten or twelve feet ahead of the defendant. While they were walking in this manner defendant’s gun was discharged by a twig or bush catching and raising the hammer. Defendant…
1Opinion of the Court
Opinion bt
Mr. Justice Fell,
The plaintiff and the defendant with three or four other persons while gunning lost their way in a swamp. The plaintiff attempted to guide the party out to a public road, and in so doing walked ahead followed by the others, the defendant being nearest to him. While passing through a thicket the defendant’s gun was accidentally discharged, causing very serious injuries to the plaintiff. At the time of the accident the defendant was ten or twelve feet behind the plaintiff, and his gun was discharged by a twig or bush catching and raising the hammer. The defendant was…
2Cited by11 opinions
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