Legal Opinion

Phillips v. D'Amico

Louisiana Court of Appeal

Decided April 9, 1945No. 18178PublishedCited by 18 opinions

1Opinion of the Court

Francis Edward Phillips, Jr., who at the time was 10 years old, was struck in the eye by a BB shot fired from an air gun by Frank D'Amico, who, at that time, was 10 or 11 years old and was the son of Robert D'Amico. The gun was not owned by young D'Amico but had been loaned to him by a young friend. The shot which struck young Phillips was not fired directly at him but it deflected or ricocheted from a post which it had struck, and at which it had been aimed. No older persons were present and young D'Amico's father did not know that his son was using the gun. The father of young Phillips…

2Cases cited9 opinions

  1. Toca v. RojasSupreme Court of Louisiana · 1921
  2. Johnson v. ButterworthSupreme Court of Louisiana · 1934
  3. Mullins v. BlaiseSupreme Court of Louisiana · 1885
  4. Marionneaux v. BrugierSupreme Court of Louisiana · 1883
  5. Lofton v. CottinghamLouisiana Court of Appeal · 1937

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3Cited by18 opinions

  1. Kuhns v. BruggerSupreme Court of Pennsylvania · 1957
  2. Turner v. BucherSupreme Court of Louisiana · 1975
  3. Cruz Rivera v. RiveraSupreme Court of Puerto Rico · 1952
  4. Naegele v. DollenNebraska Supreme Court · 1954
  5. Fabre v. Lumbermens Mutual Casualty CompanyLouisiana Court of Appeal · 1964

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