The decedent kept a.38 caliber gun for recreation and for protection. On the day in question three armed men entered his premises and asked him to hand over money.
The plaintiff reached for his gun and attempted to fire it three times. But each time the gun did not discharge the bullet. During this exchange the robbers shot and killed the decedent. Upon investigation it was found that the ammunition was defective and this was one of the reasons the gun did not fire.