(Download) "Adams v. Dunton" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free
eBook details
- Title: Adams v. Dunton
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 13, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
DONAHUE, Justice. The plaintiff's declaration alleges that while on a duck hunting trip in Maine he was shot and injured by 'the negligence and wilful, wanton, or reckless act' of the defendant. A Judge of the municipal court of the city of Boston found for the plaintiff on the ground that negligence of the defendant caused, and that negligence of the plaintiff did not contribute to, the plaintiff's injury. From an order of the appellate division dismissing a report the defendant has appealed. At the time of the plaintiff's injury the plaintiff and the defendant were in a flat bottomed boat in a duck blind on a lake. The blind consisted of stakes loosely driven into the bottom of the lake, and a covering of boughs and brush by which the occupants were concealed from view. The boat which was about sixteen feet long was not anchored. It was tied to the blind in some way at the bow and stern but obviously not so securely fastened that movements of the occupants might not cause some movement of the boat. Just before the plaintiff's injury he had been seated in the bow of the boat and the defendant on a thwart about three or four feet behind the plaintiff; both were facing forward. Their guide sat in the stern.