MATTHEWS, J.
These two appeals are from different orders in the same case and have been consolidated for presentation to this court.
The issues of fact were raised by a second amended petition, the answer thereto, and the reply to the answer.
In the second amended petition, the plaintiff alleges that while he was a social guest of the defendant at defendant's home on July 24, 1954, the defendant discharged a Daisy B-B gun at a fly on a brick wall about...
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