Goehenour ex rel. Goehenour v. Brown

The opinion of the court was delivered by

West, J.:

The plaintiff, a small boy, by his next friend sued to recover damages for injuries caused by the explosion of a dynamite cap which had been taken from a box of the defendants, near their stone-crushing plant. The jury returned a verdict for the defendants, and the plaintiff filed a motion for a new trial on three grounds — error in refusing instructions, error in giving instructions, and that the verdict was contrary to the evidence and instructions. The court granted a new trial, and the defendants appeal, assigning this ruling as the one…