Wishart

Plaintiff, a boy 10 years old, suffered severe permanent injuries when struck by a rifle bullet. After trial to the court without a jury, he recovered judgment against defendants Claudio, operators of the summer day camp plaintiff was attending; Prinkey, the instructor in charge of the group which included plaintiff; and Charles Unger, 16, who fired the bullet. Defendants Claudio and Prinkey appeal.

Shortly after noon, plaintiff and 12 or 13 other youngsters enrolled at the camp, aged 9 to 13, were taken on a nature Study walk by defendant Prinkey. They went outside the day camp grounds to a creek bed, where they stopped to examine plant and animal life. Some 10 or 15 minutes later, young Unger and two younger boys, none connected with defendants’ day camp, appeared. Unger had a .22 rifle. Prinkey talked to the three boys, who said they had been hunting, and intended to continue to do so. There is evidence that Prinkey thought young Unger held the gun awkwardly. Prinkey realized that the rifle was dangerous at some distance, but did not warn any of the three boys against shooting near the children of his group. Shortly thereafter he heard two shots. He assumed they were fired…