Roberts v. Hyland Builders Corp.

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

These appeals are from an order granting a new trial in an attractive nuisance case brought by Terry Alan Roberts, a minor. The jury found both defendants not guilty. The court granted plaintiff’s motion for a new trial against both defendants. The defendants prosecuted separate appeals, which, were consolidated here.

Plaintiff seeks to recover for injuries resulting from a fire started hy him in a newly completed, uninhabited building on August 16, 1953. Plaintiff, then a seventh grade pupil, lowered himself through a broken…