Atkinson v. Wiard

The opinion of the court was delivered by

Smith, J.:

This is an action for personal injuries. Judgment was for plaintiff. Defendants appeal.

A decision on the main point raised by defendants requires a discussion of what happened at a former trial. The petition alleged that plaintiff was injured while riding in a merry-go-round operated by defendants; that this device was of a type where the passengers sit in seats constructed to resemble airplanes attached to steel poles, the other ends of which were attached to the top of another pole, and when the force was applied the whole device whirled…