Guerra v. Hiduk

Brownson, P. J.,

— The plaintiff’s son, a boy seven years of age, was, .on June 29, 1929’, shot and killed by Frank Hiduk, a son of the defendants, then twelve years old. The shooting was not done in the presence of either of the defendants. The weapon used was a .22-calibre rifle. The fatal shot was not intended to kill or to hit the deceased, but was negligently fired in the direction of a group of boys (including the deceased) who were playing in an open field, with knowledge of their presence. The plaintiff brought this action to recover damages for the death of her son against the parents…