Massaline v. Rich

WIGGINTON, Judge.

Plaintiff has appealed fr^m a judgment of non suit taken after the trial judge announced his intention to grant defendant’s motion for a directed verdict at the conclusion of plaintiff’s evidence. The sole question on appeal is whether the court erred in determining that plaintiff’s evidence failed to make out a prima facie case of negligence, and that a verdict should be directed in defendant’s favor.

The evidence adduced on behalf of plaintiff, and all reasonable inferences arising1 therefrom, reveal the following factual situation. Plaintiff, a boy seven years of age,…