Worksheet - LITZINGER v.

KINTZLER

Read the French case Litzinger v. Kintzler and complete these notes by writing one word from the
case in each space. Once you have done that, the notes should help you to understand the case.

 On January 6, 1952, defendants, including Litzinger, had been hunting deer and Kintzler
was with them.

 Kintzler had left the hunt to go home, the other seven hunters fired a salute to celebrate
the end of the hunt, and Kintzler was hit by a shot in his right eye.

 The action was under articles 1382 and 1384, subsection 1, of the civil code.

 The Court of appeals found them liable jointly and severally, because the cause of the
accident was “the concerted action of the seven hunters” “under circumstances
demonstrating negligence and carelessness imputable to all of them."

 So joint and several liability was established for all seven, and it was not necessary to
find out who fired the shot that caused the injury, because several persons, by engaging
in a concerted action, or acting spontaneously under mutual excitement, can get involved
with something for which each ought to be liable

 It doesn’t matter if the injury is from a single act that they all took part in, or of a number
of connected acts that cannot be separated from each other.

 The “pourvoir” is rejected.