BREITHAUPT v. SELLERS

No. 67332.

390 So.2d 870 (1980)

Robert M. BREITHAUPT, Jr. v. Luke SELLERS.

Supreme Court of Louisiana.

November 10, 1980.


Attorney(s) appearing for the Case

William Henry Sanders, Jena, Martzell, Montero & Lamothe, New Orleans, Wilson Montero, for plaintiff-applicant.

Gold, Little, Simon, Weems & Bruser, Charles S. Weems, III, Herbert J. Mang, Jr., Alexandria, for defendant-respondent.


DIXON, Chief Justice.

Robert Breithaupt, Jr. was the victim of a hunting accident. Breithaupt, who had himself been hunting deer, was shot in the left thigh by another hunter. He contends that Luke Sellers is the man who shot him, and has instituted this tort action against Sellers. After the close of the plaintiff's case, the trial judge directed a verdict for the defendant, ruling as a matter of law that plaintiff's contributory negligence barred his recovery.

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