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Torts Keyed to Henderson
Summers v. Tice
Citation:33 Cal. 2d 80, 199 P.2d 1 (1948)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Summers went quail hunting with Tice and Simonson. Before the hunt began, all three reviewed safety rules and hunting procedures, indicating that they were to exercise care when shooting and to keep in line. Despite this, plaintiff somehow got ahead of the other two, putting the group in a triangle formation. Then a quail appeared and flew in front of defendant Simonson, but behind plaintiff. As a result, both defendants fired in the direction of the quail and plaintiff. One shot struck plaintiff in the eye and another entered his upper lip. But there was no way to determine whose shot injured plaintiff as both defendants shot at the same time at the same direction. Plaintiff sued both defendants in a negligence action to recover damages.
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