Bosin v. Oak Lodge Sanitary District No. 1

LUSK, J., j Plaintiff, a boy aged four and one-half years, fell into a hole in the street which had been-dug by1-the defendants for the purpose of repairing a leak in'an underground pipe. Through his guardian ad litem1 the bpy, brought this action to recover damages for. 'the injuries sustained by him in the accident. Upon-the trial the court granted a judgment of involuntary nonsuit and plaintiff appeals. m :

‘ The sole question is upon the. sufficiency of’the evidence to prove that defendants were negligent as alleged in the complaint, to wit, in failing to cover the excavation so that small…