Larson

This is an appeal from a judgment in favor of plaintiff for five thousand dollars in an action for damages for personal injuries.

Plaintiff is a boy thirteen years of age and sued by his guardian ad litem, charging that the defendant willfully, unlawfully, and wrongfully assaulted him on August 15, 1922, at defendant’s ranch near the city of Fresno, by shooting plaintiff with a shotgun, causing the injuries enumerated in the complaint.

In view of the conclusion we have reached with reference to the action of the trial court in admitting certain testimony over objection, we shall not discuss the facts of the case more fully than is necessary to show the effect of such testimony.

The defendant denied the shooting. The evidence offered by plaintiff was largely circumstantial. Defendant owned a vineyard near Fresno. Plaintiff went upon this property and was attempting to pick some grapes when he received a charge of birdshot in his legs, the shot scattering from his knees down. He testified that after he was shot, he saw a man about fifty or sixty feet away from him with a gun in his hand. He said this man was tall, slim, and had dark clothes on.' The deputy sheriff told of…