McCloskey Ex Rel. McCloskey v. Koplar

ELLISON, J. —

Action for damages for personal injuries. A radiator which had been detached from the heating system in the defendants’ moving picture theater and left standing in an aisle against the wall, tipped over and broke the plaintiff’s leg. He was twelve years old at the time. The jury’s verdict was for $15,000. After enforced remittitur in the circuit court judgment was entered for $11,000, but the defendants nevertheless have appealed. The errors assigned are that the evidence did not make a case under the res ipsa loquitur doctrine, that the respondent’s instructions are faulty, and…