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, Charles A. Summers was accompanied by Tice and Simonson on a quail hunt on November 20, 1945. Each defendant had a 12 gauge shotgun with shells containing 7 size shot. Prior to the hunt, plaintiff advised defendants to be cautious when shooting and "keep in line."