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Unformatted text preview: CASE: Barker v. Kallash Court: Court of Appeals of New York 468 N.E.2d 39 (N.Y. 1984) Facts a. Plaintiff/Barker Defendant/Kallash b. Plaintiff, George Barker, and two companions, Ayman and Anas Kallash, made a "pipe bomb". At the time the plaintiff was nearly 15 years old and the Kallash brothers were 14 and 15, respectively. The bomb was made by filling a metal pipe with gunpowder. The plaintiff concededly obtained the pipe from his father's home workshop where he also found the caps to seal it and a power drill he used to make a hole for the fuse. Plaintiff contends that the gunpowder used in the bomb was supplied by the Kallash brothers who extracted it from firecrackers. He testified, at an examination before t rial, that they had told him that the day before the incident they had purchased firecrackers from the defendant Daniel Melucci, Jr., who was not quite nine years old at the time. Indeed, the plaintiff testified that he had told the Kallash brothers where the firecrackers could be purchased. The injury occurred after the pipe had been capped at brothers where the firecrackers could be purchased....
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This note was uploaded on 10/21/2009 for the course ??? Torts I taught by Professor Ragan during the Fall '09 term at Florida Coastal School of Law.
- Fall '09