Anderson Ex Rel. Anderson v. Cahill

HENLEY, Judge.

This is an action for damages for personal injuries received by a child when he fell into a construction excavation. Verdict and judgment were for defendant and plaintiff appealed to the Court of Appeals, Kansas City district.1 That court affirmed the judgment and, on application of plaintiff, we ordered the case transferred to this court. It will be finally determined here the same as on original appeal. Mo.Const. Art. V, § 10. We reverse and remand for error in the giving of two instructions.

Plaintiff was four years, ten months of age on the date of his injury. The excavation…