Laudermilk v. Carpenter

Ennis, J. †

This is an appeal from a tort action in which a minor boy was denied recovery, for serious burns sustained in defendants’ backyard. (Henceforth defendants will be referred to in the singular.)

A brief background of the facts are: On January 4, 1964 Steven Laudermilk, then age 4, was burned severely while playing in the backyard of his friend, Michael Carpenter. The fire had been started in an incinerator by Mr. Carpenter’s older son, Tony, then age 6. Mr. Carpenter had instructed his son on burning the trash in the backyard and often left Tony to supervise the fire. On this occasion…