Court of Appeals of Texas December 9, 1971, 5075 (McLain v. Hodge)

HALL, Justice.

In November, 1967, plaintiff-appellant, Jack McLain, purchased a Model 49 Ithaca single-shot, lever-action, .22 caliber rifle from defendant-appellee, A. D. Hodge, who was and is a retailer of new and used guns in Dallas, Texas. On Christmas day, 1968, plaintiff was loading the rifle when the cartridge fired and caused a part of the shell casing to enter his right eye.