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Originally Posted by night_owl
Dog catcher, even if re-barreled, The rifle maker might still be liable for damages if the action is determined to be defectively designed/manufactured.

After a bankruptcy and multiple owners, that would take one hell of an attorney.

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Originally Posted by night_owl
Originally Posted by Teal
Originally Posted by night_owl
Even if re-barreled, The rifle maker might still be liable for damages if the action is determined to be defectively designed/manufactured.


Pre-64?

It's at a minimum 56 years old.

Defect in design or manufacturing should have been evident long before now.


good argument. Doesn't mean it won't get to a jury.
Catastrophic failure (without warning) is a defect.


Were I on the jury, be real hard to convince me that something made it 56+ years, rebarreled, shot and now there was a design or workmanship defect Winchester is liable for.

Bout impossible actually.

Sorry for the young man but pinning it on Winchester after a person of unknown skill put a barrel on it - probably not the ox that needs goring.


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It's amazing what one can see when looking at a part using a STEM...

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Originally Posted by windridge
Originally Posted by horse1
Is the barrel obstructed now?

If so, nobody is about to re-use the bbl so one could either use a mill to essentially create a "cut-away" bbl exposing the contents, or, decide where the obstruction is, use a cleaning rod and a hammer to drive out the obstruction to whichever end it's closest to.


N O !!!

Send everything to the attorney who will no doubt be handling the young man's case, and log all the chain of custody. DON'T screw around with anything.


Me thinks the OP is the attorney or investigator.

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Originally Posted by AKwolverine
Originally Posted by night_owl
Dog catcher, even if re-barreled, The rifle maker might still be liable for damages if the action is determined to be defectively designed/manufactured.

After a bankruptcy and multiple owners, that would take one hell of an attorney.


No one knows what happened - that's why I said "rifle maker" not "Winchester".
My point was that notwithstanding manufacturer's warnings to the contrary, the mere fact that someone modifies a firearm or uses hand-loads doesn't automatically absolve a manufacturer of liability for a defective product.
The injured man should certainly have the rifle and ammo examined by experts.

Last edited by night_owl; 12/28/20.


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Originally Posted by mtman04
When and if I get any more information, I will post an update. I know that the young man is now reading this thread, and the family thanks everyone who gave their thoughts. I think they will be taking all the pieces and parts to a competent gunsmith and then probably to an attorney here in Montana.

Thanks everyone.


Failure investigation is not likely to be within the expertise of most gunsmiths, even really competent ones. It is a bit specialised.

You'd be better off talking with a consultant in the field of failure investigation, with expertise in firearms and qualifications in metallurgy or a related field.

FWIW I used to do this, though not in your country.

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Originally Posted by Craigster
Originally Posted by Craigster
Very possible. Similar was done to enemy ammo caches in Vietnam. Ask me how I know.

Semper Fi.


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I’m going with a cracked receiver, you can see where the action peeled back perfectly and you would never see the crack it would be below the wood line.. probably started off as small crack got progressively worse unfortunately she gave up the ghost and this young man paid the price..

I put two red arrows that show were it could of been cracked. I’m going with the lower red arrow..

[Linked Image]

Last edited by 79S; 12/28/20.

Originally Posted by Bricktop
Then STFU. The rest of your statement is superflous bullshit with no real bearing on this discussion other than to massage your own ego.

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Almost all blow ups that curl back metal had a bigger than the bore bullet in the mix.

Is the barrel plugged ? (Bullet in it)

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Originally Posted by Spotshooter
Almost all blow ups that curl back metal had a bigger than the bore bullet in the mix.

Is the barrel plugged ? (Bullet in it)


You can see the first fired case and the 3rd round the second case is stuck in the chamber. Unless someone stuck a 338 win mag in that box doubt it was ammo problem.. Reason no way in hell he get the bolt closed with a 338 in the chamber.. 300 win mag wouldn’t even chamber..
[Linked Image]


Originally Posted by Bricktop
Then STFU. The rest of your statement is superflous bullshit with no real bearing on this discussion other than to massage your own ego.

Suckin' on my titties like you wanted me.
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I’d would guess the round causing the blow-up was a 30/06.

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I am too stupid to post pics but I had the same thing happen to me on a pre-64 action custom rifle by a well known maker. His ammo as well. Action looks very similar and my barrel was down range but in great shape. Checked the remaining ammo and it all checked out. It was my third shot of a range session. First one right where it was aimed. Next shot off a hair right and I decided to fire a third to verify and boom explosion. Very loud when a gun blows up. Cartridge was a 257 wby mag. I had eye protection but still had major facial injuries and an eye surgery to remove foreign material from my eye. Came to on the floor in the corner of the shooting house. Sorry for your friend. It made me nervous for months afterwards to shoot and when other people shot. I would find myself backing up. I will send pictures to anyone interested by text. Then you can post them up. Just PM me.

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Originally Posted by shootAI
I am too stupid to post pics but I had the same thing happen to me on a pre-64 action custom rifle by a well known maker. His ammo as well. Action looks very similar and my barrel was down range but in great shape. Checked the remaining ammo and it all checked out. It was my third shot of a range session. First one right where it was aimed. Next shot off a hair right and I decided to fire a third to verify and boom explosion. Very loud when a gun blows up. Cartridge was a 257 wby mag. I had eye protection but still had major facial injuries and an eye surgery to remove foreign material from my eye. Came to on the floor in the corner of the shooting house. Sorry for your friend. It made me nervous for months afterwards to shoot and when other people shot. I would find myself backing up. I will send pictures to anyone interested by text. Then you can post them up. Just PM me.


What was the verdict on why it blew up?


Originally Posted by Bricktop
Then STFU. The rest of your statement is superflous bullshit with no real bearing on this discussion other than to massage your own ego.

Suckin' on my titties like you wanted me.
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I know the 1969 Field and Stream guys will have a fit, but there is nothing special about that rifle...other than Field and Stream. Something's never change.


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Originally Posted by 79S
Originally Posted by shootAI
I am too stupid to post pics but I had the same thing happen to me on a pre-64 action custom rifle by a well known maker. His ammo as well. Action looks very similar and my barrel was down range but in great shape. Checked the remaining ammo and it all checked out. It was my third shot of a range session. First one right where it was aimed. Next shot off a hair right and I decided to fire a third to verify and boom explosion. Very loud when a gun blows up. Cartridge was a 257 wby mag. I had eye protection but still had major facial injuries and an eye surgery to remove foreign material from my eye. Came to on the floor in the corner of the shooting house. Sorry for your friend. It made me nervous for months afterwards to shoot and when other people shot. I would find myself backing up. I will send pictures to anyone interested by text. Then you can post them up. Just PM me.


What was the verdict on why it blew up?


Never came up with one unfortunately.

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Posting pictures for shootai

[Linked Image]

[Linked Image]

[Linked Image]

[Linked Image]

[Linked Image]


Originally Posted by Bricktop
Then STFU. The rest of your statement is superflous bullshit with no real bearing on this discussion other than to massage your own ego.

Suckin' on my titties like you wanted me.
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A new rifle was built to replace this one for no charge and I moved on. Medical bills were supposed to be paid as well but weren’t. I finally decided to just move on. I am in the firearms business myself though retail and suing the gentlemen just never sat right with me. Maybe it was no fault of his. We will never know.

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Thank you 79S for posting those.

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More pictures for shootai

[Linked Image]

[Linked Image]

[Linked Image]

[Linked Image]

[Linked Image]


Originally Posted by Bricktop
Then STFU. The rest of your statement is superflous bullshit with no real bearing on this discussion other than to massage your own ego.

Suckin' on my titties like you wanted me.
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Last ones

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[Linked Image]

[Linked Image]


Originally Posted by Bricktop
Then STFU. The rest of your statement is superflous bullshit with no real bearing on this discussion other than to massage your own ego.

Suckin' on my titties like you wanted me.
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