HERMAN V. MARKHAM AIR RIFLE CO.
258 F. 475 (1918)
NATURE OF THE CASE: Markam (D) demurred to Herman's (P) action of trespass on the case.
FACTS: D is a manufacturer, dealer, and vendor of the 'King air rifle,' which is
advertised by D as a harmless instrument for the amusement of young persons and others. P
sold large quantities to the public, and induced a belief that they were harmless to handle
and without danger to life or limb. P alleges that D shipped for resale a certain air rifle
loaded with shot; that such dealer, being unaware of the presence of such shot, resold the
rifle to a certain retail dealer, who, being likewise ignorant of the fact that the rifle
contained shot, placed the same in his stock and in charge of P, who was employed as a
stockkeeper and saleswoman in his store. It was handled by a prospective customer who,
believing that it was not loaded and was harmless, and being ignorant of the fact that it
contained shot, proceeded to handle it and pulled the trigger. P was struck and lost sight
in one eye and endangered the sight of the other in that it will probably be also lost. P
sued D for negligence. D demurred in that the facts fail to show that D owed to P any duty
to exercise reasonable care in the premises.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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