Burns v. Sams

BARFIELD, Judge.

Michael Burns, a minor, through his mother, Marjorie Johnson, and Marjorie Johnson, individually, appeal from a directed verdict for J.C. Sams and his wife, Cornelia Sams, in a personal injury action.

Michael Burns, a six year-old, was playing on the sidewalk adjacent to a rental house owned by J.C. Sams and his wife when he was struck in the eye by a projectile thrown from a lawnmower being used by Calhoun to mow the lawn on Sams’ property. It was Sams’ usual custom to have vacant rental houses (including the property in question here) repaired and the lawn mowed before new…