Meagher v. Hirt

Magney, Justice.

Defendant appeals from an order denying his alternative motion for judgment or a new trial.

Plaintiff, Thomas J. Meagher, was nine years old on April 9, 1949, when he sustained the injuries for which the jury allowed a recovery.

Defendant, Edward Hirt, is a general contractor. He had entered into a contract with the St. Cloud school district to construct a school building. The new building was to be erected on the site of an old one, which had to be razed. Under the contract, demolition of the old building could begin April 15, 1949. However, defendant was permitted to remove…