Glueck v. Scheld

Citations

• 125 Cal. 288
• 57 P. 1003
• 1899 Cal. LEXIS 850

Syllabus

<p>Action for Death—Negligence—Discharge of Pistol Carelessly Handled.—One engaged in manipulating a loaded pistol in presence of others should use great care in the manipulation; and in an action for a death caused by the discharge of a pistol carelessly handled, the negligence of the defendant is sufficiently shown by evidence that the loaded pistol was pointed by him in the general direction of the deceased, with knowledge thereof, and was being manipulated in a manner likely to cause it to be fired.</p> <p>Id.—Contributory Negligence—Position of Deceased—The position of the deceased, about forty feet off at an angle from a target, at which defendant and others had been firing, and about one hundred and fifty feet from the defendant, when the loaded pistol of the defendant, without being fired at the target, was negligently discharged, thereby causing his death, did not constitute contributory negligence per se; and the jury were justified in finding that his position when killed was not in itself a dangerous one, and that he was not guilty of contributory negligence in being at that point, at that time.</p>