Schnepel v. Kidd

This is an action of tort by a schoolboy eight years old to recover for personal injuries sustained on January 24, 1949, in the yard of a school in Wayland. The plaintiff got a verdict. The only exception of the defendant is to the denial of his motion for a directed verdict in his favor.

The defendant was a subcontractor who undertook to do the excavating and grading for an addition to the school, which was being built while the school was in session. More than 300 children attended the school. They played at recess in a gravel yard the dimensions of which were 120 feet by 140 feet. In order…