Jacobson v. Dahlberg

The defendant in error, Dahlberg, brought action against the plaintiff in error, Jacobson, for damages resulting from Jacobsons alleged negligent firing of a shotgun which resulted in the death of Dahlbergs black Labrador retriever. Jacobson had purchased the shotgun from the defendant in error Dave Cook Sporting Goods Company (referred to as the company). Jacobson obtained permission to bring in the company as third party defendant and he alleged in the third party complaint that the company was liable to him for breach of warranty and for negligence. At the conclusion of the testimony the trial court granted a motion to dismiss as to the company. The jury returned a verdict in favor of Dahlberg against Jacobson for $4500 plus interest and costs. It is not contended that the verdict was excessive. We affirm the judgment against Jacobson in favor of Dahlberg and reverse the order dismissing the company.