Poythress v. Walls

Deen, Chief Judge.

Alan Walls, a 16-year-old, took a golf putter of unknown origin from his father’s unlocked tool shed and carried it while snake hunting. Passing a neighbor’s house where children were playing with a semi-deflated volley ball he invited it to be thrown to him and hit at it with the club. On the second hit the putter either broke or the end slipped from the wooden frame and flew clear, striking a child in a nearby driveway and inflicting serious facial injuries.

The resulting damage suit is in three counts. Count 1, directed against Alan Walls for negligence, and Count 3,…