Menefee

Menefee v. Williams

Bad Law
1968 Cal. App. LEXIS 1944·259 Cal. App. 2d 56·66 Cal. Rptr. 108
Court of Appeal of CaliforniaFebruary 15, 1968Civ. 8620California3,082 words

Opinion

Opinion

McCABE, J.

We have determined the trial court ruled correctly in not allowing a statement regarding liability insurance to be admitted into evidence and in instructing the jury on the issue of contributory negligence.

The plaintiff, Marvin Menefee, met the defendant, David Williams, while “sighting in” his rifle at the Orange Coast Gun Club preparatory to deer season sometime in late 1964. The two became acquainted and agreed to meet in Colorado for the deer hunting season with two friends of the defendant, Roy Chism and Clyde Bickery. Plaintiff met these three companions in Dolores, Colorado, after driving to that city by himself in a pickup truck with the usual camper attachment. By the morning of October 18, 1964, the four had established a hunting camp in a mountainous region near Cortez, Colorado. That morning the plaintiff, utilizing a .30- ’06 caliber rifle, killed a deer and carried it back to the hunting camp where he cleaned it and quartered it. As a consequence of this act, there was a great deal of fresh blood on the ground in and around the camp.

Later that day either Chism or Bickery made another kill in the bottom of a nearby canyon and both of these hunters went down into…

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