 Plaintiff advanced ahead of the defendants up a hill, creating a triangle among the three men, with plaintiff front and center.The view of both defendants with respect to Summers was unobstructed, and both defendants knew his location, 75 yards from each of them.A quail flew to a 10-foot elevation above the plaintiff's head (approximately four feet higher than the plaintiff's head), both defendants shot at the quail, and bird shot struck plaintiff in his right eye and another in his upper lip.