EVANS v. GREEN

No. O-294.

251 So.2d 318 (1971)

Robert EVANS, a Minor, through His Next Friend, Josephine Evans, Appellant, v. Randy GREEN, a Minor, Appellee.

District Court of Appeal of Florida, First District.

August 12, 1971.


Attorney(s) appearing for the Case

Blalock, Holbrook, Lewis, Paul & Bennett, Jacksonville, for appellant.

Ronald L. Palmer, of Mathews, Osborne & Ehrlich, Jacksonville, for appellee.


RAWLS, Judge.

Appellant (plaintiff below) appeals a final judgment favoring defendant in a case involving an accidental shooting. Plaintiff's primary contention is that defendant should not have been allowed to raise, and the jury should not have been instructed upon, the two affirmative defenses of contributory negligence and assumption of the risk under the fact of this case. Plaintiff also argues that the jury should have been given his requested instruction regarding...

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