Nelson Ex Rel. Nelson v. Gatlin

As ultimately amended, the complaint here under consideration consisted to two counts, Count 5A and Count 7A. The lower court sustained defendant’s demurrers to each of these two counts, whereupon the plaintiff moved for a non suit with leave to appeal. This motion was granted and the plaintiff thereafter perfected his appeal to this court.

Count 5A avers in substance that the defendant had undertaken as a cub scout leader or den master, to supervise the activities of the plaintiff, nine years of age, and the other members of his cub scout pack at a meeting, called by the defendant as leader…