Kyle v. Stone

Plaintiffs, Leslie, aged 12, and his father, John Kyle, sued Mr. and Mrs. Stone for damages for injuries suffered by Leslie; judgment on a jury verdict was entered against them. They appeal from the judgment and verdict. While the judgment does not appear in the record, respondents concede that the same was entered in their favor based on a jury verdict.

In early 1957, Mr. and Mrs. Stone moved onto the premises as tenants, and in December 1957 became owners. Along the south side was a driveway extending to the rear covered with a composition substance; during the Stones’ occupancy it had never…