Siefker v. Paysee

Citations

• 115 La. 954
• 40 So. 366
• 1905 La. LEXIS 757

Syllabus

<p>1.Weapons — Accidental Discharge op Gun — Evidence.</p> <p>Damages for personal injury was the alleged cause of action.</p> <p>The discharge of the gun was sudden and unexpected. In handling a gun, usual caution • was observed. The gun was in good condition, and whatever defect there may have been in the cartridge was not, in so far as the evidence discloses, apparent.</p> <p>There was a turn made by defendant in order to close the stock and barrel of the gun in an opposite direction from the boys standing near. One and possibly two of the boys, the evidence shows, moved from where they were standing, and at the same moment the gun went off.</p> <p>The testimony and the circumstances point to an accident.</p> <p>2. Same — Gross Negligence.</p> <p>Where persons are gunning together, and an accident occurs, the negligence, to render one liable, must be in its nature gross. Fault must be shown.</p> <p>3. Same — Evidence.</p> <p>The judge a quo, who saw and heard the witnesses as they testified, to whom they explained the occurrence with gun in hand, decided that defendant was not liable in damages.</p> <p>On appeal a close examination of the evidence has not resulted in convincing the court that the judgment appealed from should be reversed.</p> <p>Monroe and Provosty, JJ., dissenting.</p> <p>(Syllabus bj the Court;)</p>