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McLAIN v. HODGE

No. 5075.

474 S.W.2d 772 (1971)

Jack McLAIN, Appellant, v. A. D. HODGE, Individually, and d/b/a Buckhorn Trading Post, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 6, 1972.

Attorney(s) appearing for the Case

Wilson, Berry & Jorgenson, Ken Fuqua, Dallas, for appellant.

Tucker, Gano, Alexander & Cochran, Wm. F. Tucker, Dallas, for appellee.

HALL, Justice.

In November, 1967, plaintiff-appellant, Jack McLain, purchased a Model 49 Ithaca single-shot, lever-action, .22 caliber rifle from defendant-appellee, A. D. Hodge, who was and is a retailer of new and used guns in Dallas, Texas. On Christmas day, 1968, plaintiff was loading the rifle when the cartridge fired and caused a part of the shell casing to enter his right eye. As a result of the injury, plaintiff...

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