Greene v. DiFazio

Maurice Greene, the plaintiff’s decedent, was nine years old when he fell from the second story into the cellar of a house being constructed by the defendants. He was attempting to walk across a plank laid over an open stair well, to reach a ladder running to the first floor. He died as a result of the injuries sustained. The jury returned a verdict for the plaintiff to recover damages for the boy’s death. The trial court refused to set the verdict aside. The defendants have appealed from the judgment rendered on the verdict. Error has been assigned in the failure of the court to set aside…