Tucker Ex Rel. Tucker v. Taksel

JAMES D. CLEMENS, Special Judge.

This is an action for damages by an infant against his parents’ landlords, who appeal from a $7,000 judgment. Defendants claim (1) that plaintiff’s evidence was insufficient to establish liability and (2) that plaintiff’s verdict-directing instruction was erroneous. The first point calls for a statement of the evidence most favorable to plaintiff.

Plaintiff was injured by falling through an open, unscreened window of his family’s second floor apartment. Plaintiff, who was then 13 years old, was playing handball against a wall when the ball bounced near the…