McFall Ex Rel. McFall v. Shelley

CARMODY, Justice.

In this action, which was tried to the court sitting without a jury, the plaintiff sought damages resulting from one of the blocks in the defendant’s wall falling upon him as he let himself down from the wall. The trial court entered judgment for the defendant, and plaintiff has appealed.

The accident occurred on September 2, 1954, and suit was filed about five years thereafter. The plaintiff, Steven McFall, was at the time some five years of age and lived in the house next door to the defendant’s house, both properties being owned by the defendant. On the date in question,…