Hayko v. Colorado & Utah Coal Co.

In an action by Hayko for personal injuries the court directed a verdict for the defendant company and he brings error.

The plaintiff, á boy in his tenth year, with a playmate of about the same age, entered an open rough board shack, say 12 feet square, of the defendant on its premises, and abstracted therefrom a box of dynamite caps. The plaintiff tried to pick out the contents of one of them with a pin. It exploded and blew off parts of several fingers. The back of the shack but not the open door could be seen from near by, where people usually passed.

Two points are made for plaintiff: That…