Osborne v. Sprowls

I dissent from the reasoning and result reached in the majority opinion.

It is evident that the plaintiff was guilty of contributory negligence. Previous to his injury he had participated in the unsupervised game of “tackle the football” with other youngsters, both boys and girls. The defendant, a later arriver at the Cronin’s backyard, was invited to take part in the game by the participants. When the plaintiff decided to cease playing the game he seated himself in the same backyard where the “tackle the football” game had been played. The plaintiff saw the defendant and another youngster…