McCleary v. Frantz

Citations

• 160 Pa. 535
• 28 A. 929
• 1894 Pa. LEXIS 844

Syllabus

<p>Negligence — Shifting measure of duty — Question for jury — Negligent shooting.</p> <p>Where the standard of duty is variable and shifts with the facts developed on the trial, it is a question of fact for the jury to determine under the circumstances, whether a reasonable and proper degree of care was exercised.</p> <p>In an action to recover damages for personal injuries caused by the alleged negligent firing of a shotgun, it is proper to submit the case to the jury where there is evidence that plaintiff and defendant and two other persons went hunting; that they discussed the danger of four persons hunting together; that, after the discussion, three of the party, leaving plaintiff behind, crossed a ridge, over which plaintiff would have to.go in order to rejoin them; and that defendant, having stirred up a rabbit, turned and shot his gun backward towards the crest of the hill, just as plaintiff was about to cross it, thereby wounding him.</p>