LeBase ex rel. LeBase v. Britz

WALDEN, Judge.

This is a suit for personal injuries. It was brought by a minor plaintiff and her mother on account of her derivative claim. Begun before a jury, the trial court directed a verdict at the end of the plaintiffs’ case in favor of the defendants. Final judgment being entered thereupon for the defendants, the plaintiffs appeal. We reverse.

The eight year old minor plaintiff was visiting in the defendants’ home. After dinner and after dark she went out into the yard to play hide and seek with the defendants’ children. While so engaged, she ran into a Spanish Yucca, or Bayonnet, plant.…