Ewing Ex Rel. Ewing v. George Benz & Sons

Frank T. Gallagher, Justice.

This is an appeal from an order denying plaintiff’s motion for a new trial. Plaintiff moved this court at the time of the hearing of oral arguments to change the title as above, which motion was granted.

On October 5, 1942, at about 12:30 p. m., plaintiff, George Ewing, then three years of age, was on the roof of the three-story building located at 23-25 East Hennepin avenue, Minneapolis, with his mother, Lucille Ewing. She had taken him with her to the roof, where she was hanging the family washing on a clothesline which had been erected there. While his mother was…