Lenehan v. Nicholson

This is an appeal by the plaintiffs, appellants, from a judgment rendered as the result of a directed verdict for the defendants, appellees, granted by the trial judge in a trial before a jury.

The facts, for the purposes of this case, are substantially as follows: James J. Lenehan, Jr., (Jimmy), six years of age, and his friend, Tommy Murphy, age 7, on October 9, 1955, were playing near a culvert on the east side of Norbeck Road, Route 28, near Rockville, Maryland. The concrete road at that point was twenty feet wide from shoulder to shoulder, a two lane highway with a solid white line down…