American Electrotype Co. v. Kerschbaum

Appeal from a judgment of the District Court dismissing a bill in equity to enjoin the prosecution of an action at law.

Appellee Monica Kerschbaum, an infant, by next friend, filed an action at law in the District Court against appellant to recover damages for personal injuries. Appellant denied negligence. During the course of the trial before a jury, counsel for appellant stated in open court his intention to urge that appellee was a trespasser and that appellant owed her no duty *765except to avoid injury to her by any wilful, wanton, or malicious act. At the conclusion of the plaintiff’s case,…