Winans v. Randolph

Citations

• 169 Pa. 606
• 37 W.N.C. 22
• 32 A. 622
• 1895 Pa. LEXIS 1136

Syllabus

<p>Negligence— Qunners— Evidence— Question for jury.</p> <p>Plaintiff and defendant while gunning with three or four other persons lost their way in a swamp. Plaintiff undertook to guide the party out to a public road. In doing so he walked ten or twelve feet ahead of the defendant. While walking in this manner defendant’s gun was discharged by a twig or bush catching and raising the hammer, causing very serious injuries to the plaintiff. Defendant testified that he was carrying his gun with muzzle pointing to the ground, and that he had his hand in front of the lock. There was testimony, however, that he had stated on other occasions that he carried the gun pointing upwards, and in front of him, and that he was carrying it in a careless manner. There was no other evidence as to the manner in which the gun was carried. Held, (1) that there was sufficient evidence of negligence on the part of defendant to justify the submission of the case to the jury, and (2) there was no evidence of negligence on the part of the plaintiff.</p>