Fred owns a farm in Miner County in South Dakota. Sam and Joe were painting Fred's barn. They took a break from painting and went for a walk in the Fred's field. Sam was charged by a bull and injured. After Sam recovered from his injury, Sam and Joe went road hunting in Miner County, and lawfully shot a pheasant. The pheasant landed on Fred's property. The property was fenced with signs posted "NO TRESPASSING". Sam and Joe went onto Fred's property to get the pheasant. Fred caught them on his property and has charged them with trespassing.
Sam, who is 20-year old, entered onto Fred’s property without permission to swim in a creek. Sam dove headfirst off an embankment into the "creek", and broke his neck. He sues Fred for injuries sustained.
1) Assume Fred gave Sam and Joe permission to walk in the field during their break. What is the classification of Sam and Joe and what is the duty owed by Fred while Sam and Joe were on their break, given they had permission to walk in the field.
2) Would Fred be liable to Sam for his injuries from the bull?
3) Assume a pheasant flew up on Fred’s property and Sam and Joe shot it as it flew up. Is this a lawful shooting? Would Fred be successful charging them with trespass under these circumstances?
4) Assume Sam was 10 years old, rather than 20. Would Fred have liability for Sam’s broken neck?