Brief Fact Summary. Plaintiff was injured when he was shot in the eye during a hunting expedition. Two defendants negligently shot in his direction at the same time.
Synopsis of Rule of Law. When there is negligence by multiple parties, and one party can only have caused the plaintiff’s injury, then it is up to the negligent parties to absolve themselves if they can.
Issue. Whether two tortfeasors can both be liable when the injury can only have been caused by one of them.
Held. It is up to the tortfeasors to prove they were not responsible for the injury, since both were negligent towards the plaintiff.
The injured party has been placed by defendants in the unfair position of pointing to which defendant caused the harm.
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