Nesterovich v. Mount Olivet Cemetery

Finch, J.:

The plaintiff, an infant of the age of seven years, accompanied his mother into the cemetery of the defendant to visit his father’s grave in connection with a religious ceremony. While the ceremony was in progress the infant expressed a desire to urinate. The defendant maintained lavatories within the cemetery for the use of visitors, but the plaintiff’s mother, not desiring to leave the ceremonies, instructed the plaintiff to go over by a fence, out of the way. The infant proceeded to a point 125 feet distant from his father’s grave, where a headstone fell upon and broke his leg.…