Summers v. Tice

Case brief summary

Facts

Two hunters fired shotguns at a bird near a third hunter, and bird shot hit him in the eye and lip. No one could tell whose gun caused the injury.

Procedural history

The trial court, without a jury, found both defendants negligent and ordered them to pay the injured man, and both defendants appealed, with the appeals combined into one case.

Issue

Can both hunters be held legally responsible for the injury when the evidence cannot show exactly which hunter's shot actually struck the victim's eye?

Holding

The court held that both hunters are liable for the injury because it is fair to make each one prove he was not the cause rather than let an innocent victim recover nothing.

Reasoning

Since both hunters were careless and only one could have caused the injury, making the victim prove which one fired the shot would let both escape blame unfairly.

Opinions

Majority (Carter): Both defendants are responsible for the injury because they were both negligent and it is unclear whose shot caused the harm, so they must disprove causation themselves.