Tolbert v. Gulsby

Decided 1976-05-28

Cited by 104 later decision(s) in our corpus · see the citation network in Lexace

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This case is an appeal from the granting of summary judgment in favor of defendants *Page 131 below. The action arose on four counts alleging liability based on (1) negligence, (2) wantonness, (3) presence of attractive nuisance on defendant's premises and (4) presence of a dangerous instrumentality. The undisputed facts are that plaintiff Gary R. Tolbert, a six-year-old, was shot in the eye by another child with an air rifle which was loca…

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