Gerneth v. Galbraith-Foxworth Lumber Co.

On the Merits.

CONNER, C. J.

This suit was instituted on the 9th day of April, 1926, by Otto Ger-neth, as next friend for D. C. Gerneth, a minor, against the Galbraith-Foxworth Lumber Company, to recover damages. It was alleged, in substance, that the defendant maintained a lumber yard in the residential section of the city of Gainesville near the residence of Otto Gerneth, and maintained1 therein a 'dangerous mechanism in the way of an elevator; that the yard was open and inviting and attractive for children to enter and play; and that the minor plaintiff, about •1 years old, with a companion…