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Defendant Tice flushed a quail which rose in flight to a 10-foot elevation and flew between plaintiff and defendants. Ct., 33 Cal. Defendant Tice flushed a quail which rose in flight to a 10-foot elevation and flew between plaintiff and defendants. At that time defendants were 75 yards from plaintiff. 2d 80, 199 P.2d 1 (1948). ANALYSIS At common law, two situations in which two or more de-fendants acted tortiously toward the plaintiff gave rise to what is now referred to as joint and several liability: where the defendants acted in concert to cause the harm, and The blog Concurring Opinions has a short comment on the classic old case Summer v Tice - the case most law students remember as the case of the hunters who shot the plaintiff in the eye. Both defendants shot at the quail, shooting in plaintiff's direction. One shot struck plaintiff in his eye and another in his upper lip. In Summers v. Tice, the Court held that two defendants, who had negligently shot at the plaintiff, were both liable for the plaintiff’s injuries even though only one of them technically caused it. At the same time, both defendants negligently fired their guns at a quail, and in the direction of Plaintiff. To the same effect, Tice produced two deputy sheriffs as witnesses. SUMMERS v. TICE et al. A. Wittman, of South Gate, for appellants. Plaintiff was struck in the eye and lip by shots from one or both of Defendants’ guns. Werner O. Graf, of Los Angeles, for respondent. Both defendants shot at the quail, shooting in plaintiff's direction. 20650, 20651. Summers v. Tice, 199 P.2d 1, 5, 1948 (Cal. Tice, by contrast, testified that Simonson, and Simonson alone, had shot the plaintiff, and that in fact Tice had not fired his gun for minutes prior to the fateful blast. One shot struck plaintiff in his eye and another in his upper lip. Decided: November 17, 1948 Gale & Purciel, of Bell, Joseph D. Taylor, of Los Angeles, and Wm. The post, by Kyle Graham, states he visited the California State Archive and reviewed the old case file where he found some interesting new information. Each of the two defendants appeals from a judgment against them in an action for personal injuries. One shot struck plaintiff in his eye and another in his upper lip. Tice, Supreme Court of California, 1948 TOPIC: Problems in Determining which Party Caused the Harm CASE: Summers v. Tice 33 Cal.2d.210, 199 P.2d 1, 5 A.L.R.2d 91 (1948) FACTS: Charles Summers (plaintiff), Harold Tice and Ernest Simonson (defendants) were on a hunting team. Summers v. Tice 33 Cal.2d 80, 199 P.2d 1 (1948), is a seminal case in American Jurisprudence regarding Tort Law and the theory behind Negligence . At that time defendants were 75 yards from plaintiff. Simonson conceded that both he and Tice had fired shots that could have caused Summers’ injury. In Summers v. Tice it was impossible for the > plaintiff to prove this causal connection because it was impossible to know > WHICH gun, and therefore WHICH defendant's act caused the plaintiff's > injury. Summers v. Tice, 33 Cal.2d 80, 199 P.2d 1 (1948), is a seminal California Supreme Court tort law decision relating to the issue of liability where a plaintiff cannot identify with specificity which among multiple defendants caused his harm. Both defendants shot at the quail, shooting in plaintiff's direction. Defendant Tice flushed a quail which rose in flight to a 10-foot elevation and flew between plaintiff and defendants. 1948). Plaintiff, Ernest Simonson, and Harold W. Tice were hunting in the same area. The Court held that two members of a hunting party who had negligently fired their guns in plaintiff’s direction could be held jointly liable for the resulting injury despite plaintiff’s inability … Summers v. Tice Hunter (P) v. Hunters (D) Cal. L. A. 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