Gavin v. O'Connor

The opinion of the court was delivered by

Parker, J.

Plaintiff’s intestate, a boy between seven and eight years old, was fatally injured in the backyard attached to a two-family house belonging to the defendant, by the fall of a clothes pole erected and maintained by defendant to sup port clothes lines extended from the house. Plaintiff alid his family were tenants of the ground floor, and the intestate was his son, who, with several other boys, was playing in the backyard at the time. There was evidence to indicate that the pole was decayed near the ground and had been patched by nailing a…