Mondt v. Ehrenwerth

This is an action on the case for alleged negligence causing the death of plaintiff’s intestate, a boy. five years of age.

At the close of plaintiff’s evidence, the court instructed the jury to return a verdict for defendant, and from the judgment entered on this verdict the plaintiff has appealed. The controlling question in the case is whether the court erred in directing the verdict.

The declaration is in three counts, the first of which is based on the statute, the second on general negligence, and the third on the theory of an attractive nuisance.

The accident in which the intestate lost…