Weisbart

—This case involves a tort committed by a seven-year-old boy, Dean Flohr, against Dawn Weisbart, a five-year-old girl neighbor. The plaintiff sued the boy on two theories, alleging

1) that he was negligent, and

2) that he was guilty of a battery.

The plaintiff also sued the parents, Lorraine Flohr and Robert Flohr, on the theory that they were negligently responsible for the wrong done by their son in that they did not properly restrain his use of the bow and arrow which caused the damage.

While the appeal was taken from the entire judgment, nothing was said in the briefs or in the oral argument on appeal with respect to the jury’s verdict in favor of the mother and father. Lorraine and Robert Flohr. Neither is the jury’s implied finding that there was an absence of technical negligence on the part of Dean Flohr seriously attacked on appeal. The contention of appellant rather is that the trial court committed reversible error by failing to grant plaintiff’s motion for a directed verdict against Dean Flohr on the theory that he was responsible for the tort committed by him even if he was not technically negligent.

The evidence shows that Dean Flohr had a bow and arrow in his…