charter, constitution and by-laws of the first-named corporation and as its agent in said county; that as such agent it appointed and recommended that the defendant Henry Webster be commissioned as scoutmaster; that by reason thereof the first-named corporation appointed and commissioned the said Webster to be the scoutmaster for Troop 13 in said county; that the said agent failed to use due care in the selection and recommendation of a competent scoutmaster and the defendant Boy Scouts of America, with full knowledge of the facts, commissioned the said Webster as a scoutmaster without using due care in his selection when it knew that he was incompetent in that he was not an able-bodied man but was a cripple caused by infantile paralysis when he was a child;that he walked with great difficulty, was unable to ride a bicycle as a normal person and was unable to march with his troop or give first aid or do many other things required of a scoutmaster in the performance of his duties. *763
 It is then alleged that the plaintiff Harold P. Young was of the age of twelve years and a regular boy scout duly enrolled in Troop 13 at Calexico in said county; that on January 13, 1934, the said Webster, while acting as the agent of the defendant corporation and as their scoutmaster, commanded the said Harold P. Young and other boy scouts to proceed on bicycles to a point about twelve miles from said city of Calexico for the purpose of taking certain