Cain v. Booth & Flinn, Ltd.

Opinion by

Me. Justice Walling,

These two appeals are from judgments entered in the same case and will be considered together. On March 17, 1925, Isaac, the minor plaintiff, then seven years of age, lost his eyesight by the explosion of a dynamite cap, with which he was playing. This suit, brought against the defendants, Booth & Flinn, Ltd., on the contention that the dynamite cap came to his possession through their negligence, resulted in verdicts and judgments for the plaintiffs and defendants have appealed.

The defendants, from 1923 to 1925, inclusive, were engaged in the construction of a…