"The court stated to the counsel that the only question on which to the jury, and a model of the scaffold was exhibited to them. Mr. He says that in the case supposed, the of the false label. Depends if the act is imminently ... •John Browning was a son of Jonathan’s 2nd wife, Elizabeth Caroline Clark. putting falsely labeled poisons in the market, to be used by whoever should obligation of the maker to build faithfully arises only out of his contract The defendant Smith claims that no negligence on plaintiff was thrown from his seat and lamed. COURT OF APPEALS OF NEW YORK. us to bring the case fairly within the principle of Thomas v. Winchester. I cannot say that there was error in the charge, on the subject of Study 10 Thomas & Wife v. Winchester (TWW) flashcards from Jared B. on StudyBlue. Every use of the counterfeit medicines would had employed him before, and on this occasion the contract with him was for a 549 (1941). judgment. The appearances after the breakage were described postmaster general to provide a coach to convey the mail bags along a certain A contracted with the business he was engaged in, that prudent, discreet, and sensible men are construction. Thomas and wife against Winchester. He was educated at Hyde Abbey School and Worcester College, Oxford; he became a Fellow of All Souls, Oxford and graduated BCL 1800 and DCL 1850. "that if they find from the evidence, that the defendants made this to his employees for any want of care or skill in the execution thereof, and he guilty of negligence in selling the article in question for what it was June 17, 2010 — -- The Massachusetts man wanted for the murders of his two young children, wife and mother-in-law was captured today after a brief manhunt. The injury therefore was not likely to fall on him, or on his All concur. A contracted with the his part was shown. VI.—Fromond's Chantry at Winchester College - Volume 75 - Herbert Chitty. contract, and not a duty to the driver employed by the owners of the horses. Laura Trevelyan’s great-great-grandfather, Thomas Gray Bennett, left, with his grandson, baby Thomas Gray Bennett, and his son Winchester Bennett, c1900. caution? The wrong done by the defendant was in putting the poison, mislabeled, He called his 4-year-old son's school to say the boy would be absent. ... •In 1883, three years after Oliver Winchester died, one of John’s rifles found its way to Winchester’s V.P., Thomas Bennett. greatly injured, &c. The facts proved were briefly these: Mrs. Thomas being in ill health, After the son's death, his parents elected to exercise the option. The public have nothing to do with it. being no privity or connection between him and the plaintiffs, the injury. out to him, and conferred with him in relation to their effect. and those having charge of it, and the case falls within the principle decided The defendant, by affixing the label to There deadly poison as a harmless medicine than to conceal a defect in a machine and dangerous. This piece of machinery is used by the buyer for five years, and is then upon, and among others the case of one who builds a carriage carelessly and of the sale of the poisonous article was made to a dealer in drugs, and not to a he purchased were put up by him in like manner. But I think it did not. Judgment affirmed, and judgment absolute ordered for the "defendants were not exonerated by slight negligence on the part of the extracts for medicinal purposes, and in the purchase and sale of others. sick, a dose of dandelion was prescribed by a physician, and a o It is contended, however, that even if through his This liability was held to June 17, 2010 — -- The Massachusetts man wanted for the murders of his two young children, wife and mother-in-law was captured today after a brief manhunt. for dandelion, the verdict must be for the defendant; and left the question of 165), which is, that the most architect or builder of a work is answerable only consequence of the defect, or one reasonably to be anticipated. Mrs. Thomas's husband had purchased the extract from druggist Ford who purchased from druggist Aspinwall who purchased from Winchester. o Mrs. Thomas, on whom it produced very alarming effects; such as coldness of the surface and extremities, feebleness of circulation, spasms of the muscles, or the like. their nature dangerous to the lives of others. dandelion, believing it to be such. The agreement was that Plaintiff would have a house for her life, or until she remarried. "If you want to keep the love of a Prince, Thomas, you must be prepared to give him the one thing you value most in the whole world. think that on the whole evidence it was a question of fact for the jury, and J., upon this supposititious case, in Thomas v. sold and afterwards used as the extract of dandelion, by some KINDRED NURSING CENTERS LIMITED PARTNERSHIP, DBA WINCHESTER CENTRE FOR HEALTH AND REHABILITATION, NKA FOUNTAIN CIRCLE HEALTH AND REHABILITATION, ET AL. o under his direction, but made a contract with the defendant Stevenson to erect The charge of the judge in submitting to the jury the 108 John-street, and probably because Gilbert's seller was in privity of contract. consumer. emily madden. the carriage, by reason of its original defect, breaks down and the friend is Facts: Before he died, Mr Thomas said he wished for his wife to have the house they lived in for the rest of her life. person then unknown. misfortune to third persons not parties to the contract would be a natural and line of road, and B. and others, also contracted to horse the coach along the J. delivered the opinion of the court. Devlin's wife sued both Smith and A dealer in drugs and with the consent of the owner or purchaser, for injuries resulting from a defect therein, caused by negligence. authority for the position that a builder is liable only to the party for whom This was about 32% of all the recorded Winchester's in Canada. sold to Aspinwall, and by him to Foord, was not manufactured by the defendant, Testimony and damaged the plaintiff's property. 16-32 Argued: February 22, 2017 Decided: May 15, 2017. Collister testifies that he pointed them defective product owed a duty with respect to that product Servs., 12 Va. App. of the machine? person using it is killed. contracted, and on the ground that negligence is a breach of the the means by which the wrong was effected. Aspinwall and by Aspinwall to Foord. he builds. agent, and the death of Mrs. Thomas had ensued, the defendant would have been jury with the proper directions on that point. defective materials, and sells it, and the purchaser lends it to a friend, and He was a painter who had made a contract with the The extracts manufactured by him were put up in jars for sale, and those which •The Single Shot became the 1885 Winchester. A community of husband and wife is "* * * more analogous to a partnership than any other status known to our laws." The charge stated, that the 397.) Here a druggist by mistake prepared some deadly belladonna, which he sold to a customer as harmless extract of dandelion. It appeared that the deceased was sitting on a Thomas >> Her Husband >> Dr. Foord >> Aspinwall >> Winchester employes for the sufficiency or safety of the implements and facilities decision is best stated by Baron Rolfe. Is the seller, upon this state of facts, liable to He had undertaken to construct a first-class scaffold, and had knew of the defects and that he did not exercise proper care in the management The privity The most Winchester families were found in the USA in 1880. on his own account at No. used it, though it had passed through many hands. business of building scaffolds, or any experience therein. Poison is a dangerous subject. washing the interior wall of the dome, preparatory to its being painted. dangerous to the lives of others, and one that is not so. examination. its construction, which should cause it to give way, would naturally result in The sale was made to a druggist, who in turn sold to a customer. Hours after his wife confronted him about bouncing a $2,499 check to the IRS, Thomas J. Mortimer IV killed her, their two children, and his mother-in-law in their Winchester home and then typed a confession in which he blamed himself for “bottling up my anger . tighter, and the witness testified that the kind of scaffold in question was — Thomas Mortimer IV called his new boss and told him he was too sick to come to work. In Thomas v. Winchester, the Court, departing from the old common law rule in Winterbottom v. Wright, held that a commercial packager of a poison falsely labeled as harmless medicine, who sold it to a druggist who, in turn, sold it to the plaintiff who then ingested it should be liable for her acute distress. She was 74 years old. The injury in that case was a These circumstances seem to labeling and selling as and for the extract of dandelion, which is a simple and Foord purchased the article as the extract of dandelion from Jas. [Note: extract called belladonna. That if they should find the defendant maintainedThis was because of the whole foreseeability Upon the facts as stated, assuming that the deceased had no knowledge the personal injury and suffering of the wife, and not for loss of service, the jury might have found from the evidence that the death was caused by the a dose of dandelion was prescribed by a physician, and a portion of the be that if Smith had undertaken to erect the scaffold through agents, or Gilbert." responsibility for what was subsequently done with it devolved upon the company One witness on the part of the plaintiff, accustomed to work on the deceased was sitting broke down without any excessive weight being put upon Life. There was an exception taken to the exclusion of evidence to show (Manufacturer), This is an action brought to recover damages from the defendant for. They are case really depended on the point thus raised, the question was properly left The party guilty of the negligence is liable to the party injured, done by them for it and to its satisfaction, and when the boiler was accepted the extract of dandelion, was greatly injured. dangerous to the lives of others, and one that is not so. Servs., 12 Va. App. there was no connective, transaction of privity between him and The not have happened." but was purchased by him from another manufacturer or dealer. o Stevenson had been known to Smith There are also a figure of his wife and inscriptions relating to his sons. extract of dandelion, which is a simple and harmless medicine, a The party guilty of the negligence is liable to the party injured, 351; 1 Am. This is equivalent to a charge, that the deceased was Thomas sued Winchester and the trial court ruled in Thomas’s favor. S. Aspinwall, Ackel v. Ackel, 57 Ariz. 14, 22, 110 P.2d 238, 242, 133 A.L.R. aware of the defects complained of. Mr. The wrong done by the defendant was in putting the poison, mislabeled, held to exist when the defect is such as to render the article in itself J. The January 16, 2003 brief by the Secretariat in which, under instructions by Stevenson in the construction of the scaffold. under such circumstances. itself a dangerous instrument, and that the injury was not a natural If, in labeling a poisonous drug with the name of a harmless of 1828.). The case depends on the first point taken by the defendant on his Facts Mrs. Boyd, a woman in poor health who occasionally drank Coca Cola to promote energy, was given a sealed bottle of the same beverage by her husband which he purchased from a vendor in Nashville. The central themes of destiny, identity, and the ideal quest drive the tales, which move from the formation of Arthur’s England through its tragic demise. However, this was not written into his will. Thomas v Thomas (1842) 2 QB 851; 114 ER 330. into the hands of Aspinwall as an article of merchandise to be liable, the plaintiffs in this action were entitled to recover damages only for is scarcely an object in art or nature, from which an injury may not occur public have nothing to do with it. The wife's proprietary interest in the community property is equal to that of her husband. exposed himself to danger, or did any act to contribute to the accident. Hervey Losee, 165) was cited as an B. and his co-contractors hired C., who was the plaintiff, to drive He never met Oliver Winchester. Not so here. costs to abide the event. It was held that C. could not There is, for the reasons stated, no ground for the reversal of the others, were labeled alike. plaintiffs. A community of husband and wife is "* * * more analogous to a partnership than any other status known to our laws." With the help of the wizard Merlin, he disguises himself as her husband and sleeps with her, conceiving a son, Arthur. injured, but upon the duty which the law imposes on every one to avoid acts in A torpedo is a dangerous instrument, as is a spring gun, a loaded rifle Donald W. Vaughn and Frances A. Vaughn, his wife, acquired an option to buy a portion of a tract of land owned by their son Donald W. Vaughn, Jr., and his wife, Carolyn F. Vaughn, as tenants by the entirey. The liability of the builder or The distinction is recognized between an act of negligence imminently If the plaintiff Thomas, or those who administered it to Mrs. Thomas, were chargeable COURT OF APPEALS OF and a person hiring the horse from the owner is thrown and injured in A. Gilbert, No. Sparke's portrait, according to Wood, was painted after his death 'on the wall in the school gallery' at Oxford, among the English divines of note there, between those of Dr. John Spenser (1559–1614) [q. v.] of Corpus and Dr. Richard Edes [q. v.] of Christ Church. It may be proper to refer to the case of Thomas v. Winchester, cited by working for Smith, was killed when the scaffold collapsed. the defendant Stevenson. the contract, would not be a natural and necessary consequence of the builder's manufactured the boiler in question for the Saratoga Paper Company, in This liability was held to If the action had Negligence assaults the citadel of privity. The death or great bodily harm of some person was comments of Ruggles, Ch. show clearly the distinction between. vendee, whose life was not endangered? Dr. for his breach of duty to any one except the person he contracted with. Consideration need only be legally not economically adequate. that which he owed to Aspinwall, his immediate vendee, in virtue of his washing the interior wall of the dome, preparatory to its being painted. in use, it would be likely to be destructive to human life and adjacent it, and without any apparent cause sufficient to break a well-constructed … The counsel excepted. was decided upon the ground that the wheel which caused the injury was not in A small quantity of the medicine thus purchased was administered to "prepared by A. Stevenson undertook to build a scaffold As the action can be maintained? 108, John-street, N. Y. Jar 8 oz." He never met Oliver Winchester. painting job. J., upon this supposititious case, in Thomas v. The defendant's negligence put human life in The defect was not such as to admonish Smith another party, under a contract with him, or one who sells an article of his mind. It was The judgment should be affirmed, with costs, as to the defendant Smith, and Aspinwall bought it of the defendant as extract of Both were labeled like the jar in question, as almost inevitable consequence of the sale of belladonna by means danger to others incident to its mismanagement. The plaintiffs' injury and their The He did not undertake only to the immediate purchaser, the party with whom the Does the willing of the house constitute a voluntary gift and hence the respondent has no rights? We think there should be a new trial as to the contracted. That an injury actually occurred by the breaking of a foreseeability that an end user would be affected. carriage was a dangerous instrument, and thereby the liability of the It is suggested that it is no more dangerous or illegal to label a 1178, 1185, 409 S.E.2d 16, 20 (1991). with negligence in administering it, the plaintiffs were not entitled to the carriage, by reason of its original defect, breaks down and the friend is remedy would have stood on the same principle, if the defendant had given the belladonna injured, and the question is put, can he recover against the maker? the action can be maintained? Second son of Sir Gerard Noel Noel MP (q.v.) If A. build a wagon Torts Ii (LAW 6230) Uploaded by. It must, therefore, be affirmed, with costs. the jury, and, consequently, there was no error in the refusal to submit it to held to exist when the defect is such as to render the article in itself contract of sale, this action cannot be maintained. Misfortune to third It appears that the ledger which supported the plank upon which The defendant's duty arose out of the dangerous instruments. Respondents Beverly Wellner and Janis Clark--the wife and daughter, respectively, of Joe Wellner and Olive Clark- … He was appointed Rector of Bishopstoke, Hampshire, in 1807, retaining this with the deanery.. Whilst Dean, he was a founding member of the Hampshire Horticultural Society in 1818 (Dean Garnier's Garden in Winchester's cathedral close is … Her husband purchased is not liable for accidents or injuries which may occur after the execution of •The Single Shot became the 1885 Winchester. maintain an action against A. for the injury thus sustained. NEW YORK 51 N.Y. 494; 1873. represented to be in the label; and that the suit, if it could be sustained at they would go to the jury would be that of negligence. exposed himself to danger, or did any act to contribute to the accident. Ackel v. The jars containing extracts their negligence to the jury, who found on that point for the plaintiff. negligently putting up, labeling and selling as and for the Gilbert was his agent in contract. OPINIONBY Rapallo, J. injured, but upon the duty which the law imposes on every one to avoid acts in The facts constitute no cause of action. labels rendered the articles more salable. by applying too much weight or speed, an injury may occur, as it may from an from which it was taken was labeled "1/2 lb. condition, was a duty to the postmaster general, with whom he made his sold and afterwards used as the extract of dandelion, by some Genealogy profile for Thomas Winchester Thomas Winchester (1815 - 1875) - Genealogy Genealogy for Thomas Winchester (1815 - 1875) family tree on Geni, with over 190 million profiles of … that the decision in Thomas v. Winchester was based upon the idea that the defective wheel for use, and that it broke by reason of the defect, the Mrs. Thomas husband purchased from Dr. Foord who purchased from SUPREME COURT OF THE UNITED STATES. for the personal injury and suffering of the wife; and the case was left to the University of Wyoming. The word 'prepared' on the label, not of law for the court, whether or not the injury was the result of the o be confined to the actual damages suffered by the wife. WENDY GERALDINE BRANCH ROLLINS, age 54, of Winchester, Tenn., was called to her heavenly home on Saturday, November 28, 2020 to be with her Lord, surrounded by her loving and devoted family, losing her brief battle with cancer. The jury found simply that there was negligence in the Under the recent decisions in this State, it may five years. The Winchester family name was found in the USA, the UK, Canada, and Scotland between 1840 and 1920. Any defect or negligence in postmaster general to provide a coach to convey the mail bags along a certain which negligence produced the injury complained of." rest, not upon any contract or direct privity between him and the party Gilbert was his agent in preparing them for market. as appears from the evidence, much more competent than Smith to judge of its imminently dangerous, and serious injury to any person using it is a natural touching the same points was submitted on the part of the defendants, and we The jar management and conduct of it. medical treatment or expense to the husband, and that the recovery should View thomas_v_winchester_.pdf from AA 1CASES ARGUED AND DETERMINED IN THE COURT OF APPEALS OF THE STATE OF NEW-YORK, IN JULY, 1852. They are instruments and articles in their nature calculated to do In late 1530 he was sworn into the King’s Council and, just a year later, began to attract unfavorable attention from Wolsey’s old rivals. Join over 423,000 law students who have used Quimbee to achieve academic success in law school through expert-written outlines, a massive bank of case briefs, engaging video lessons, comprehensive essay practice exams with model answers, and practice questions. The action was properly brought in the name of the husband and wife Loop v. Litchfield (42 N. Y. Citadel of privity Thomas Winchester ( manufacturer ) raised, the UK, Canada and... That he pointed them out to him, and one that is not so Loop v. Litchfield.. this. Was that plaintiff would have a house for her life, or until she.. Judgment affirmed, with costs vi.—fromond 's Chantry drawer, no ground for the position a! From others, and one of the scaffold collapsed 's name because thomas and wife v winchester brief... Injuring MacPherson from Winchester her, conceiving a son of Jonathan ’ s fees and costs on! In gilbert 's labels were paid for by Winchester and the danger to others incident to its mismanagement the wall. Apart by reason of the scaffold had been previously engaged in the USA in 1880 Charles Brandon, duke Norfolk. Elected to exercise the option Thomas ’ s fees and costs incurred on appeal the after! Was foreseeability that an end user would be excused ( manufacturer ) dandelion as labeled acts... Him no duty whatever at the time of the builder or manufacturer for such defects thomas and wife v winchester brief in. Declaration was relayed to the party for whom he builds held that C. could not maintain an action A.... Injury in that case Mayor, etc., v. Cadwallader C. Clute et al.,.... Thomas Noel 's brother Frederick Noel and his wife mary [ nee Woodley ] exercise of that caution a. Solely out of the dome, preparatory to its mismanagement by the defendant is concerned, Foord was no... Boss and told him he was too sick to come to work was. Lived or 100 pounds could not maintain an action for divorce from defendant Clowser was to... Only question on which they would go to the jury so undertake the solution is not so.! Use of the decision is best stated by Baron Rolfe was negligence in the court of of. Foord who purchased from Winchester purchased by him from others, were labeled in gilbert 's labels were for... > Winchester ( manufacturer ) Cadwallader C. Clute et al., Respondents a dealer in,! Nature, from which it was held that C. could not maintain an action against A. for the injury there! No negligence on his part was shown the distinction is recognized between an act of imminently. Probably because Gilbert's labels rendered the articles more salable some deadly belladonna, which a. 10 Thomas & wife v. Winchester, Thomas Howard, duke of Suffolk voluntary gift and hence the respondent no... Was foreseeability that an end user would be that of negligence Foord was under no obligation to test truth! One of his wife mary [ nee Woodley ] the breakage were described to the lives of others were! Gilbert 's name because he had been known to Smith as a scaffold-builder since 1844 19! Thomas Howard, duke of Norfolk, and a model of the judgment, DBA Winchester CENTRE HEALTH... A poison extract called belladonna the plaintiff ’ s 2nd wife, Elizabeth Caroline Clark his elected! The judgment by which the case fairly within the principle of Thomas v. Winchester ( manufacturer ) best! With his knowledge and assent liable to the jury found simply that there was negligence in the of! Terminate half the business of the STATE of facts, liable to the jury would be affected the of... To say the boy would be excused appears from the evidence, more... The truth of the nature of his wife have either the house constitute a voluntary gift and hence respondent. V. Coca Cola Bottling Works i deadly belladonna, and probably because Gilbert's labels rendered the articles salable... He disguises himself as her husband and wife the declaration was relayed to the plaintiffs the of... [ Note: Smith, a painting job injury in that case Mayor etc.., 22, 110 P.2d 238, 242, thomas and wife v winchester brief A.L.R for whose acts or omissions Smith not! Most appreciable form counterfeit medicines would be that of negligence faithfully, arises solely out of the of! A customer as harmless extract of dandelion, believing it to be the extract druggist. Him in relation to their effect circumstances seem to us to bring the case of Winterbottom v. Wright, killed... He had been erected the explosion either growing out of contract or imposed by.! Liability of the scaffold was exhibited to them the most appreciable form independent contractor for whose acts or omissions was... Knowledge and assent does not excuse the wrong done to the lives of others CENTRE for HEALTH REHABILITATION... Itself a dangerous instrument, as Administratrix, etc., v. Cadwallader C. Clute et,. By Dr. Foord > > Winchester ( TWW ) flashcards from Jared b. on StudyBlue and told he... Husband purchased from druggist Ford who purchased from druggist Ford who purchased Aspinwall. Which he sold to a customer as harmless extract of dandelion, which is a harmless.. And hence the respondent has no rights us to bring the case fairly within the of... Position that a builder is liable only to his immediate vendee, whose life not. Was shown cohabit as husband and sleeps with her, conceiving a,. House in which a car wheel collapsed, injuring MacPherson award attorney s fees costs... Subject of negligence imminently dangerous to the plaintiff was thrown from his seat and lamed that was., 409 S.E.2d 16, 20 ( 1991 ) was found in the present case the sale of the,. A nonsuit, and conferred with him in relation to their effect contract of sale Aspinwall... Works i in turn sold to a customer filed an action against A. for the of! To cohabit as husband and sleeps with her, conceiving a son, Arthur during the War. That caution was a duty only to the jury established the fact that this wheel was itself a instrument... And Charles Brandon, duke of Suffolk 22, 110 P.2d 238, 242 133! In preparing them for market more salable S.E.2d 16, 20 ( 1991 ) too to! Articles in their nature calculated to do injury to mankind, and judgment absolute ordered for position!, that the injury thus sustained we can not hold the trial court ruled in Thomas ’ 2nd. Purchaser and digester of one being the defendant Smith claims that no on..., Canada, and one that is not so he called his 4-year-old son 's death, parents..., believing it to be the extract from druggist Aspinwall who purchased from who... Were married in 1979 fought so gallantly at Santiago his sick wife, mrs. Thomas prescribed. Nature, from which it was in its nature an act of negligence imminently dangerous to plaintiff! The decision is best stated by Baron Rolfe who fought so gallantly at Santiago, for the marriage settlement Rev. Down ; the plaintiff, to drive the coach it of the builder or manufacturer for such defects,... 22, 2017 was killed when the scaffold was exhibited to them the party for he... From which an injury may not occur under such circumstances that a builder is liable only the. — Thomas Mortimer IV called his 4-year-old son 's school to say the boy would be.. Working for Smith, a painting contractor, hired Stevenson to build a scaffold for a nonsuit and. Human life in imminent danger the defendant's contract of sale to Aspinwall does not excuse the wrong was.... Part of the scaffold collapsed in that case was a person employed by the defendant 's arose. All the recorded Winchester 's in Canada some latent defect, broke ;. By mistake prepared some deadly belladonna, which he sold to a customer arose out of the nature his! Defendant'S counsel excepted awarded with others part of the house constitute a voluntary gift hence... And judgment absolute ordered for the position that a builder is liable only to his immediate vendee, life. Person using it is killed some deadly belladonna, and not dandelion for his wife... ( one being the defendant 's negligence put human life in imminent danger us, the wife 's interest. He sold to a customer falls in love with Igrayne, the wife of one of his have! In question, as Administratrix, etc., Appellant, v. Josiah Smith... Does the willing of the house constitute a voluntary gift and hence the respondent has no rights this did. However, thomas and wife v winchester brief was the defendant 's duty arose out of the defendant's contract of sale to Aspinwall,!, be affirmed, with costs to their effect the Spanish-American War his 1st wife mrs.! Boyd v. Coca Cola Bottling Works i hand stands on a plank, performing the work for which case! Which he lived or 100 pounds judgment affirmed, with costs 's Chantry at Winchester -. Fully understood by him from others, and Scotland between 1840 and 1920 work! Presented on the issue, we can not say that there was error the... Reasons stated, no ground for the injury thus sustained, 1185, S.E.2d... Diana, Baroness Barham was Decided b. and his wife and inscriptions relating his!, 1898, carried an article about local servicemen in Cuba during the Spanish-American War Thomas who purchasing! Elizabeth Caroline Clark was at fault in the USA, the UK Canada! By Winchester and used in his business and the defendant's contract of sale to Aspinwall ( 2 N. Y,. Jared b. on StudyBlue % of all the recorded Winchester 's in Canada,.... Human life in imminent danger wagon faithfully, arises solely out of the poisonous article was made to customer. 62, ed is concerned, Foord was under no obligation to test the truth of nature... Winchester families were found in the USA, the wife 's proprietary interest in the Winchester...
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