McCarthy v. Thompson Square Theatre Co.

While walking in a public way, the plaintiff, a boy eight years of age, whose due care is not questioned, was struck and injured by the fall of a fire escape, which it is alleged the defendant negligently maintained and used. The jury found for him, and the case is here on the defendant’s exceptions to the denial of a motion for a directed verdict, and to the refusal to give its eighth and tenth requests. The following findings were warranted on the evidence.

The defendant corporation, a lessee, operated on the day - of the accident and for years prior thereto a moving picture theatre in a…