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This Torts II exam, given by Professor William T. Muse, begins with this question:

Wallace was slowly driving his hay wagon, in which he had place a large steel grain bin the top of which was about 12 feet above the level of the highway. Wallace had beside him on the seat a loaded rifle. Jingle Company's telephone wire strung across the highway, which had sagged very low, came in contact with the grain bin and caused the wagon to be upset, throwing Wallace to the ground and dislocating his collar bone. In falling, the bin struck the rifle and it was discharged. The bullet entered Wallace's chest and he was severely wounded. Wallace brings an action against Jingle. At the trial, it appeared that shortly before the accident Wallace had jumped off the wagon to get a shot at a rabbit and that he had planned to shoot some wolves in a field toward which he was going. Wallace admitted, however, that he had no hunting license as required by the law. Discuss Jingle's liability for Wallace's injuries.

Exam Date


T. C. Williams School of Law, University of Richmond: Torts II Exam, 24 May 1938