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Torts Keyed to Underwood
Summers v. Tice
Citation:199 P.2d 1 (Cal. 1948)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
The plaintiff and defendants were hunting quail on the open range. Each of the defendants was armed with a 12 gauge shotgun loaded with shells containing 7 1/2 size shot. Prior to going hunting, the plaintiff discussed the hunting procedure with the defendants, indicating that they were to exercise care when shooting and to “keep in line.” However, when the parties later went hunting, both defendants negligently shot in the plaintiff’s direction. One of the shots struck the plaintiff in his eye and another in his upper lip.
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