On the afternoon of May 28, 1949, the appellant Masten, who was then of the age of fifteen years and nine months, was hunting crows with a companion of about his own age in a woodlot owned by his grandfather. Each boy was armed with a .22 calibre rifle loaded with long rifle, hollow point bullets. As Masten and his companion were returning home they came upon a small pond. This pond was controlled by a dam about thirty-five feet long, built...
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