Hutchings v. Hales ex rel. Stephens

WILLIAMS, Justice.

The principal question for our determination in this appeal is whether, under all the facts and circumstances of the case including the theory upon which it was tried by both the parties and the trial court, the jury was warranted in finding for the plaintiff. Our answer is that it was.

Defendant in error, hereinafter referred to as plaintiff, the eight year old grandson and guest of plaintiff in error, hereinafter referred to as defendant, with whom defendant was baby-sitting while his mother was working, sustained second degree burns to his right leg and hip when he got…