Withington v. Rome

The plaintiff, a child eighteen months old, living with his parents in a tenement owned by the defendants and rented by his mother Mrs. Grace Withington, suffered physical injuries on June 7, 1923, which are alleged to have been caused by the defendants’ negligence. The plaintiff, being too young to care for himself, was in the custody of his mother whose evidence tended to show that she had gone to the roof to take in some clothes, leaving the plaintiff in the living room where there was a closed window, which the jury could find was more or less broken and decayed. Upon her immediate…