Summers v. Tice case brief

Summers v Tice

FACTS

-P and D were members of a hunting party.  

-Both Ds negligently fired, at the same time, at a quail and in the direction of the P.  

-P was struck in the eye by a shot from one gun. 

ISSUE
-Whether one or both of the Ds are liable for negligence from the injury to PL?

HOLDING

-Both of the Ds were liable.

RULES

1) Duty, 

2) Breach of Duty 

3) causation, and 

4) damages.  

-The causation element requires proof of both cause in fact and proximate cause. 

 

ANALYSIS

-Where a group of persons are on a hunting party and two of them negligently fire a gun in the direction of another, who is thereby injured, both of those firing are liable for the injury suffered.  

-Both parties were negligent toward the P. 

-They each brought about a situation where the negligence of one injured the P, it should rest with them each to absolve himself, if he can.

Plaintiff’s Argument: Each D placed P in jeopardy of peril in a negligent manner which resulted in an injury. 

Defendant’s Argument: Only one D caused an actual and proximate injury.