Walters ex rel. Walters v. Independent Concrete Products, Inc.

McNULTY, Judge.

The four year old plaintiff-appellant was seriously injured while playing with his nine year old brother in and about defendant-appellee’s unfenced concrete plant when the plant was closed for business on a Saturday afternoon. Plaintiff’s complaint was predicated on attractive nuisance and there was much evidence introduced in an effort to establish the requisites thereof. The trial judge directed a verdict in favor of defendant-appellee, however, finding that, “ . . . there had been no evidence adduced that was legally sufficient to support a verdict for the Plaintiffs, and…