LUNDY v. HAZEN

No. 9660.

411 P.2d 768 (1966)

Arch LUNDY and Esther Lundy, husband and wife, personally, and Esther Lundy, as Guardian ad litem for Franklin Lundy, a minor, Plaintiffs-Appellants, v. J. W. HAZEN, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied March 21, 1966.


Attorney(s) appearing for the Case

Rayborn, Rayborn & Rayborn, Twin Falls, for appellants.

Kramer, Walker, Pope & Plankey, Twin Falls, for respondent.


SMITH, Justice.

This is an appeal from a summary judgment dismissing an action brought by appellants against respondent for recovery of damages which Franklin Lundy, a minor, sustained June 27, 1963, on account of personal injuries, together with medical and hospital expenses. The boy was playing with a .22 caliber cylinder type pistol loaded with a single shell, when the pistol discharged, the bullet wounding him in the face with resultant residual scars.

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