Callahan v. Buttrey

300 F.2d 899 Gertrude J. CALLAHAN, Guardian of Joe Steven Palm, a Minor, Appellant, v. Theodore Vern BUTTREY, Sr., Trustee for Theodore Vern Buttrey, Jr., * and Jerrold Scoutt Buttrey, Theodore Vern Buttrey, Jr., and Jerrold Scoutt Buttrey, Appellees. No. 17257. United States Court of Appeals Ninth Circuit. March 5, 1962. John Marriott Kline and William A. McCormick, Glasgow, Mont., for appellant. Hall, Alexander & Kuenning, Edward C. Alexander, Great Falls, Mont., for appellee. Before CHAMBERS and MERRILL, Circuit Judges, and KILKENNY, District Judge. CHAMBERS, Circuit Judge. 1 In some way on April 14, 1956, Joe Steven Palm, then seven years old, fell off a roof deck at the rear of the second floor Buttrey apartments in Glasgow, Montana. (The first floor of the building was occupied by a store.) Joe was found unconscious on the asphalt of the alley below. Although with a plate in his skull he has made a good recovery, it would be agreed that he suffered lots of damage. 2 Mrs. Callahan, Joe's mother, as a tenant lived in one of the Buttrey apartments owned by defendants (appellees here). At the apartments there was no place for Joe and other children to play unless they played…