Greaves v. Galchutt

Gns, Justice.

This is an action to recover damages for the wrongful death of a child killed by a rifle discharged by a playmate. The jury found decedent had assumed the risk, and the trustee appeals from the judgment in favor of defendant.

At the time of his death on November 13, 1965, Ronnie Greaves was 11 years of age. That morning he had as a house-guest his friend David Galchutt, one of the defendants, then 12 years of age. After eating breakfast and doing the chores on the farm where he lived, Ronnie went into a front hall closet and took out three rifles and a BB gun. He went into the…