Duchaine Ex Rel. Duchaine v. Fortin

On appeal from the refusal of the trial court to direct a verdict for the defendant and subsequently to enter, after verdict for plaintiff, judgment n.o.v. for the defendant. This is a complaint in negligence wherein Girard Duchaine in self behalf and as father and next friend of Timothy Duchaine a minor, seeks to recover damages for injuries sustained by the minor.

The jury was competent to find as pertinent to our consideration that Timothy Duchaine, age three, lived with his parents on the second floor at 195 Brown Street, West-brook and on the date in question was playing in the back yard…