One  handling  a  fire-arm  is  liable  for  injuries  resulting  from  its
accidental  discharge/  unless  the  injury  was  inevitable,  and  utterly
without  fault  on  the  part  of  the  alleged  wrong-doer.*

Officers  commanding  the  militia  at  musters  are  liable  for  injuries
to  citizens  caused  by  firing  by  the  soldiers.*

One  who  has  been  washing  a  gun,  and  discharges  it  for  the
purpose  of  drying,  is  liable  for  injury  caused  by  the  fright  of  a
horse  at  the  report.*

The  master  of  a  steamboat  is  liable  for  injury  from  the  dis-
charge of  a  gun  from  the  steamer,  in  his  presence,  and  by  his
command.*

6.  Fireworks,  —  The  act  of  exploding  fire-crackers  in  street  of
a  city  is  wrongful  and  unlawful,  and  if  injury  to  person  or  property
results  therefrom,  the  wrong-doer  is  liable  therefor.®

Trespass  and  assault  will  lie  for  originally  throwing  a  squib,
^hich,  after  having  been  thrown  about  in  self-defence  by  others,
at  last  put  out  plaintiff's  eye.''

The  president  of  a  political  club  who  orders  a  display  of  fire-
works in  the  street  in  front  of  a  public  building  in  which  a  meeting
of  the  club  is  being  held,  the  fireworks  being  paid  for  by  indi-
vidual subscriptions,  is  liable  for  injury  caused  by  their  explosion.*

In  an  action  to  recover  damages  for  injury  from  a  rocket  fired  by
defendant  while  a  political  procession  was  passing,  evidence  that
both  plaintiff  and  defendant  were  members  of  a  club  which  got  up
the  procession,  and  published  notices  calling  on  citizens  to  illumi-
nate theirjiouses  when  the  procession  should  pass,  is  inadmissible.*

To  stand  in  a  street  watching  an  exhibition  of  fireworks  is  not
such  contributory  negligence  as  will  bar  recovery  for  injury  from
a  Roman  candle.**

The  authority  given  to  a  city  by  its  charter  to  prohibit  or  re-
move any  nuisance,  or  to  prohibit  the  manufacture  or  sale  of  fire-
works, is  discretionary;  and  an  action  cannot  be  maintained
against  it  for  injuries  caused  by  the  explosion  of  a  fireworks  manu-
factory which  had  been  established  in  the  city  for  some  time.**

1.  Chataigne  v.  Bergeron,  lo  La.  Ann.       3.  Moody  v.  Ward,  13  Mass.  299 ;  Castle
■699;    Underwood  v.  Hewson,   i   Strange,    v.  Duryee,  2  Keyes  (N.  Y.),  169.
