Gentes v. St. Peter

The plaintiff and the defendant, both of whom were minors, went hunting together on Sunday, in the woods bordering on Lake Champlain. While proceeding down a declivity in single file, the plaintiff ahead of the defendant, the latter’s gun was accidentally discharged and the plaintiff was shot in the leg. This action is in tort for the recovery of damages for the injuries thus sustained. The plea is the general issue. The verdict was for the plaintiff, and the defendant has excepted.

The case was tried upon the theory, acquiesced in by both parties and by the court, that since the act of…