Gudziewski v. Stemplesky

The plaintiff, a boy about ten years of age, was shot in the eye sometime in November, 1924, while he was playing in the back yard of his house located at 11 River Street in the town of Maynard. The plaintiff testified that the house of the defendants was across the road from the plaintiff’s home, and the jury could find that he saw Stephen Stemplesky, one of the children of the defendants, “kneeling down on the floor in the attic window” of the defendants’ house “with the barrel of a gun up before he was shot.” The window was open a little and the barrel was in the open space. The gun held…