Bosserman v. Smith

Plaintiff, a minor, brought this action, through his next friend, to recover of defendant damages for an injury to his face and eyes caused by the explosion of a certain piece of fireworks known as a “mine,” which was known by defendant to be highly inflammable, explosive and dangerous to children, and which it is alleged the defendant negligently sold to said minor and negligently failed to warn him of its dangerous character.

The evidence adduced in plaintiff’s behalf amply tended to show that plaintiff, a boy, eight and one-half years old, in company with a little girl as immature as he, on…