Legal Opinion

McEldon ex rel. Munch v. Drew

Supreme Court of Iowa

Decided May 7, 1908PublishedCited by 22 opinions

Appeal from Linn District Court.— Hon. J. H. Preston, Judge. Action at law, to recover damages growing out of the sale of some gunpowder to plaintiff McEldon. The trial court directed a verdict for defendants, and plaintiffs appeal.

1Opinion of the CourtDeemer, J.

'Defendants were conducting a store in the city of Cedar Rapids, in the year 1906, whereat they sold gunpowder and other explosives. At the time in question plaintiff was five days over twelve years of age. He was small of stature and inexperienced in the use of explosives. He was still wearing short trousers, .and had never seen any one use gunpowder, save on the Fourth of - July, 1905, and on the day of the accident in question. He had never used firearms of any sort, and a jury may have found that he did not have the ordinary experience of boys of his *392age. On the 27th day of June, 1906,…

2Cases cited5 opinions

  1. Binford v. JohnstonIndiana Supreme Court · 1882
  2. Carter v. TowneMassachusetts Supreme Judicial Court · 1868
  3. Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
  4. Bromberg v. Evans Laundry Co.Supreme Court of Iowa · 1907
  5. Doggett ex rel. Doggett v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1907

3Cited by22 opinions

  1. Moning v. AlfonoMichigan Supreme Court · 1977
  2. Wolczek v. Public Service Co.Illinois Supreme Court · 1930
  3. Rubin v. JohnsonIndiana Court of Appeals · 1990
  4. Maskaliunas v. C. W. I. R. R. Co.Illinois Supreme Court · 1925
  5. Webster v. LuckowSupreme Court of Iowa · 1935

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