Goben Ex Rel. Goben v. Sidney Winer Co.

PALMORE, Judge.

Plaintiff, Ronnie Goben, a 9 year old boy, was injured and lost 2 fingers when a concrete block column he was climbing (part of a garage under construction) collapsed with him, resulting in this suit for damages against the contractor in charge of the project (Sidney Winer & Co.) and the masonry subcontractor (William H. Cole). He appeals from a judgment entered pursuant to a directed verdict in favor of the defendants. The question is whether the cause should have been submitted to the jury, and we have decided it in the affirmative.

The accident occurred one Monday afternoon…