Torts I, Pages 303–304

Summers v. Tice

Supreme Court of California, 1948

Facts:

Plaintiff and defendants were hunting when both defendants shot at a quill and one of them hit plaintiff in the eye. No party knew which defendant shot plaintiff.

Procedural History:

Trial court found for plaintiff against both defendants.

Issue:

If two defendants shoot at plaintiff and only one hits without knowing which, are both defendants liable?

Defendant's Argument:

Only one person could have shot plaintiff so only one person should be liable.

Reasoning:

To hold otherwise would be to exonerate both from liability, although each was negligent, and the injury resulted from such negligence.

Rule/Holding:

When two people both shoot at something, they are both liable for the resulting harm, even if only one of them hits without knowing which did so.

Judgment:

Affirmed.

Dropbox – Your stuff, anywhere – Try it free