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SCHUSTER v. STEEDLEY

406 S.W.2d 387 (1966)

Owen N. SCHUSTER, Appellant, v. Nathan R. STEEDLEY, Appellee. The SUTCLIFFE COMPANY, Appellant, v. Owen N. SCHUSTER, Appellee.

Court of Appeals of Kentucky.

Rehearings Denied October 21, 1966.

Attorney(s) appearing for the Case

Joseph E. Stopher, A. J. Deindoerfer, Boehl, Stopher, Graves & Diendoerfer, Louisville, for Schuster on both appeals.

Kent McElwain, McElwain, Dinning, Clarke & Winstead, Louisville, for Sutcliffe Co.

Raymond C. Stephenson, Louisville, for Steedley on both appeals.

PALMORE, Chief Justice.

The appellant Schuster's wife purchased and gave to him on his birthday, September 1, 1960, an old British military rifle she had seen advertised in a newspaper by The Sutcliffe Company for $9.95. Seven months later, on April 1, 1961, as the gun was being fired by a youngster under Schuster's supervision, a part of the breech bolt blew off and one or more of the fragments struck the appellee Steedley in the right eye, resulting in loss of the...

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