Brown v. Tinneny

SPAETH, Judge:

This appeal arises from an order dismissing appellants’ motion for a new trial in a negligence case.

On October 14, 1976, Molly Brown, age 13, was walking home from school. Behind her were several boys, including John Tinneny and Timothy Labos, who were also walking home from school. (Tinneny and Labos were both 16 years old.) The boys were horseplaying and tossing stones at each other. When one of the stones struck Molly, she increased her pace and crossed the street. The boys, however, also crossed the street. About this time Tinneny saw near the curb a small glass vial,…