MARCLEY v. McALISTER

No. 12136.

218 F.2d 865 (1955)

Michael MARCLEY, by his mother and next friend, Elsie R. Marcley, and Elsie R. Marcley, individually, Appellants, v. H. O. McALISTER, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1955.


Attorney(s) appearing for the Case

Mr. Ralph. F. Berlow, with whom Mr. Kent D. Thorup, Washington, D. C., was on the brief, for appellants.

Mr. Cornelius H. Doherty, Washington, D. C., for appellee.

Before EDGERTON, FAHY and BASTIAN, Circuit Judges.


PER CURIAM.

Minor plaintiff was injured while playing in an addition being constructed to a school building, located in Bethesda, Maryland. From a verdict and judgment for the defendant, plaintiffs appeal.

We think that the trial court correctly applied the rule in force in Maryland in holding that, under the circumstances of the case, the plaintiff was either a trespasser or, at most, a licensee. This being so, the jury was properly instructed that "defendant...

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