Mabry v. Lee

ANDERSON, Justice.

During the afternoon of April 6, 1955, while playing in Charles Thompson’s backyard, apparently with some of the Thompson children, Nathaniel Lee, Jr., who lived nearby and who was then but seven years of age, acting of his own volition, climbed a chinaberry tree in quest of chinaberries. A limb of the tree broke under his weight and he fell to the ground, striking his head against a piece of scrap iron or some other metal object which lay there. He sustained personal injuries, and this suit for damages resulted.

Young Lee’s father, for himself and as next friend of his minor…