SCHNEPEL v. KIDD


332 Mass. 137 (1954)

123 N.E.2d 385

LAWRENCE S. SCHNEPEL, JUNIOR, vs. DAVID W. KIDD.

Supreme Judicial Court of Massachusetts, Middlesex.

December 31, 1954.


Attorney(s) appearing for the Case

Rupert L. Mapplebeck, for the defendant.

Russell J. Coffin, for the plaintiff, submitted a brief.

Present: QUA, C.J., LUMMUS, WILKINS, WILLIAMS, & COUNIHAN, JJ.


LUMMUS, J.

This is an action of tort by a schoolboy eight years old to recover for personal injuries sustained on January 24, 1949, in the yard of a school in Wayland. The plaintiff got a verdict. The only exception of the defendant is to the denial of his motion for a directed verdict in his favor.

The defendant was a subcontractor who undertook to do the excavating and grading for an addition to the school, which was being built while the school was in session...

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