Gubalke Ex Rel. Gubalke v. Estate of Anthes

This is an action brought by the plaintiff as father and next friend of Joseph Gubalke to recover for personal injury, consisting of the loss of an eye, to Joseph, then 7 years of age, allegedly caused by the negligence of the defendants in installing and maintaining on residential property which they occupied a chain link fence, the upper edge of which was “raw.” The injury occurred when Joseph ran or slipped into the fence while playing. At the .close of the plaintiff’s evidence, the trial court sustained the motion of the defendants for a directed verdict. The errors assigned, insofar as…