Jack Kravetz, a Minor by Saul Kravetz, Parent and Natural Guardian, and Saul Kravetz, in His Own Right v. B. Perini & Sons, a Corporation

KALODNER, Circuit Judge.

This is an appeal from an Order of the United States District Court for the Western District of Pennsylvania granting defendant’s motion for an involuntary dismissal of plaintiffs’ action for damages.

The sole issue presented is whether sufficient evidence had been adduced by plaintiffs on the score of defendant’s liability to warrant submission to the jury under applicable Pennsylvania law.

The facts as adduced by the plaintiffs’ testimony may be summarized as follows:

Jack Kravetz, eight and one-half year old minor plaintiff, a normal boy of average intelligence, was…