Vawter v. Missouri Pacific Railway Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding “an act is inherently injurious if it is certain to result in some injury, although not necessarily the particular alleged injury”
• “Considering that until the final shot, numerous [BBs] had been fired and the participants hit without injury, we have little difficulty concluding that it was not certain that the final shot would result in injury.”
• reaffirming Malcolm test despite recognition “that our definition of ‘accident’ represents a minority view”
• reaffirming Malcolm test despite recognition \that our definition of 'accident' represents a minority view\
• refusing to adopt objective substantial certainty test for whether injury was intended
• refusing to adopt objective substantial certainty test for whether injury was intended

Source: CourtListener parenthetical corpus (CC0).