Hogenson v. Service Armament Co.

This is an action for personal injuries, the almost total loss of eyesight in one eye, which occurred when plaintiff was firing an old rifle using ammunition salvaged from the Spanish-American War and subsequently sold to plaintiff by defendant. The action was based on both negligence and breach of warranty. The jury in the trial court awarded damages to the injured party for $130,000. This appeal followed.

Curtis Hogenson was something of a gun buff. He already had two rifles and a shotgun when he saw an advertisement in a gun magazine offering for sale a .43 caliber Remington Rolling Block…