Carey v. Toles

Plaintiffs appeal from a judgment entered on a jury verdict of no cause of action as to both plaintiffs, and from a subsequent order denying plaintiffs’ motion for judgment notwithstanding verdict and for a new trial.

A summer baseball game and a winter snowstorm join forces in an unexpected manner to create the legal issues presented here. On July 7, 1961, plaintiff James Carey and defendant Edward Toles, ages 15 and 13 respectively, engaged in an afternoon pickup type of baseball game on a field behind the Garfield school in Port Huron, Michigan. It was explained during the course of the…