Crain

This action for personal injuries sustained hy the minor plaintiff, Steven M. Crain (hereafter Steven), was brought by his father, John E. Crain, as guardian ad litem, and also on his own behalf for medical expenses against defendant, Arthur M. Sestak, and his employees., Steven, at the age of 12 years and 7 months, fell from a loose plank in a scaffold in a house being constructed by defendant. At the end of plaintiffs ’ case, the trial court denied the' defense motion for a nonsuit. After the jury returned a verdict in favor of defendant, the trial court granted a new trial on the specific ground that its instruction on assumption of risk constituted an error of law.

On this appeal from the order granting the new trial, defendant Sestak contends that the order should be reversed as the' court erred in denying his motion for nonsuit; and alternately, that the jury was properly instructed that Steven assumed the risk of the loose plank. Plaintiffs urge that assumption of risk was not an issue in the case because of defendant’s violation of a safety order and the absence of any evidence that Steven had any knowledge of the particular risk.

■ The relevant facts, many of which are…