This section contains the nature of the case and procedural background.

Jerry Purtle is a sixteen-year-old minor. Kenneth Shelton and his son, D were involved in the accident while hunting. D was seventeen at the time of the accident. Jerry and D had spent the night at the home of L. D. McMullen, who owned a deer camp. McMullen took the two youths to the area where they were to hunt. McMullen had cautioned both boys to make their presence known when they were walking in the woods and not to shoot at anything without knowing it to be a deer. Without making his presence known. D thought he saw a deer and fired at it with his 30.06 rifle. The soft projectile hit a tree, broke into shrapnel, and ricocheted toward Jerry, causing serious injuries to both his eyes. The trial court submitted the case to the jury upon the theory that D was required to use that degree of care, which a 17-year-old minor would use in the same circumstances. The jury found both boys to be 50% liable and P recovered nothing. P appealed.

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