Graving v. Dorn

Plaintiff, a 13-year-old boy, was injured by a falling tree. Through his guardian ad litem, he initiated suit alleging negligent conduct upon the part of defendant as the cause of his injuries. Defendant denied negligence, and affirmatively alleged contributory negligence upon the part of the minor plaintiff. From an adverse jury verdict and judgment plaintiff appeals.

The appeal is upon a short record. We have before us only the pleadings, the trial court’s instructions, the parties’ proposed instructions, their exceptions to the instructions given and refused, and the judgment upon the…