Appling Ex Rel. Preminger v. Stuck

SNELL, Justice.

Plaintiffs appealed from the sustaining of defendants’ motion to dismiss. On appeal the parties agree that appellants’ statement of the case and facts is sufficient. We adopt the statement.

This is an action at law by a mother, individually and as next friend of her six-year-old son, to recover damages for personal injuries sustained by the child when he fell from an adult size two-wheel bicycle while attempting to ride the same while at play upon the premises of a neighbor.

Plaintiff, Mark Appling, is a six-year-old child. On September 8, 1967, while playing on the premises of…