Davis Ex Rel. Davis v. Cunningham

In this action recovery is sought for personal injuries sustained by Philip M. Davis, a 3-year-old boy, on his grandfather’s farm. Verdict and judgment were for plaintiff for $1,800. Plaintiff has appealed on the ground the verdict was inadequate and the defendant grandfather has cross-appealed on the ground that negligence does not appear. The judgment is reversed and the cause dismissed.

Defendant’s daughter Lana, with her new baby and son Philip, were visiting in defendant’s farm home. Also in the farm home were Lana’s brothers and sisters, including Julie 12 years of age and Matt who was…