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Howell v. Clyde
Citation:
533 Pa. 151, 620 A.2d 1107 (Pa. 1993)Facts
Daniel Howell was attending a party at the home of his neighbors, Theodore and Pamela Clyde. During the party, conversation arose concerning a fireworks cannon that had been fabricated by Clyde’s grandfather. The guests, including Howell, visually inspected the cannon and expressed interest in firing it. Howell voluntarily went to his own residence next door to retrieve black powder for use in the cannon. Upon returning with two cans of black powder, Howell held a flashlight while Clyde filled the bore of the cannon halfway with the powder. Howell then stood back approximately 40 feet while Clyde ignited the cannon. The cannon exploded, causing injuries to Howell. Howell’s own testimony established that he knew gunpowder was dangerous and could explode, which is why he kept it stored away from his woodburner and his child at home.
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