Donahue Ex Rel. Donahue v. Boynton

The complaint charges the defendant with negligently leaving on premises under his control a barrel with explosives therein, so that children could and did play with it, and that as a result there was an explosion in which the plaintiff was severely injured.

When plaintiff rested the defendant moved for dismissal of the action, renewing the motion at the close of the case. The jury returned a verdict in favor of the plaintiff upon which judgment was entered. The defendant moved for judgment notwithstanding the verdict or for a new trial, basing the same upon the insufficiency of the evidence…