In Summers the plaintiff, Charles A. Summers, accompanied defendants Tice and Simonson as a guide on a quail hunt on November 20, 1945. Each of the defendants was armed with a 12 gauge shotgun loaded with shells containing 7 size shot. Prior to going hunting plaintiff discussed the hunting procedure with defendants, indicating that they were to exercise care when shooting and to "keep in line."
In Summers v. Tice and Simonson, Charles A. Summers acted as a guide on a quail hunt on November 20, 1945. Each defendant carried a 12 gauge shotgun with shells containing 7 size shot. Before the hunt, plaintiff instructed defendants to be careful when shooting and "keep in line."