| Venue: | CA SC |
| Facts: | Two guys shoot their identically loaded identical shotguns simultaneously and with negligence. Plaintiff is struck in the eye and the lip. |
| Posture: | Finding for plaintiff at trial, with judgment awarded against both defendants, due to the impossibility of figuring out whose pellets did the hitting. |
| Issue: | Can judgment against both defendants stand? |
| Holding: | Yes. Affirmed. |
| Rule: | To do otherwise would be to exonerate both. |
| Reasoning: | This is sort of like res ipsa loquitur. Plus, these folks are both wrong-doers. |
| Dicta: | Note that only one pellet hit the eye: it could only have come from one gun. So they're not both equally the source of the harm. |