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MCGINNIS v. FIDELITY & CAS. CO.

Docket No. 1074.

276 Cal.App.2d 15 (1969)

80 Cal. Rptr. 482

KEVIN JOHN McGINNIS, a Minor, etc., et al., Plaintiffs and Respondents, v. FIDELITY & CASUALTY COMPANY OF NEW YORK, Defendant and Appellant.

Court of Appeals of California, Fifth District.

September 3, 1969.

Attorney(s) appearing for the Case

McGregor, Bullen & McKone and Joe W. Keller for Defendant and Appellant.

Downey, Brand, Seymour & Rohwer and Robert R. Harlan for Plaintiffs and Respondents.

STONE, P.J.

Nelson Piper operated a retail store in Sacramento, under the name "Piper's Ammunition and Guns," dealing in ammunition, guns and related products. On May 12, 1962, in the course of his retail trade, he sold a can of black gunpowder to respondent Kevin John McGinnis and Theo Holstein. Both boys were 15 years old at the time of the sale. They took the gunpowder to Theo's home and on May 19, 1962, a portion of the powder exploded in Kevin's right hand, seriously...

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