Shaffer v. Mowery

Citations

• 265 Pa. 300
• 108 A. 654
• 1919 Pa. LEXIS 544

Syllabus

<p>Negligence — Bale of cartridge to minor — Violation of penal statute — Act of June 10, 1881, P. L. Ill — Liability—Death of child— Contributory negligence of parent — Child handling shot gun — Knowledge of parents — Question for jury.</p> <p>1. The sale of a cartridge loaded with gun powder to a minor under sixteen years of age, in violation of the Act of June 10,1881, P. L. Ill, making such sales a misdemeanor, renders the seller liable for any natural or probable harmful result which might follow from his wrongful act.</p> <p>2. If a parent expressly or negligently permits his fourteen-year-old son to handle a shot gun in such a manner and under such circumstances as to make the parent legally liable for any harmful result which might ensue to others, he cannot recover damages, caused by the gun, from one who sold the son a cartridge; for the law would view the parent as having so far intervened in bringing about the harmful result of which he complains as to assume or be fixed with the risk thereof.</p> <p>3. In an action by a parent to recover damages for the death of a child against one who sold a cartridge to the plaintiff’s fourteen-year-old son, a brother of the deceased, in violation of the statute making such sales a misdemeanor, the case is for the jury under proper instructions upon the questions of negligence of the seller and the contributory negligence of the parent, where it appears that the boy took the gun without the parents’ knowledge and against the parents’ directions, and placed the shell therein, which accidentally exploded and killed his brother and there is no evidence that the parent, knew the son had bought or possessed the cartridge which caused the damage, although the son testified that he thought his parents knew that he had used the gun to shoot at a mark a few days before the accident.</p>