Giannini

Plaintiff, through his guardian ad litem, brought this action to recover for personal injuries sustained while in a private stable of the defendant, and alleged to have been caused by the negligence of the defendant. This is an appeal by the defendant from a judgment for plaintiff and from an order denying a new trial.

The evidence produced on behalf of the respondent shows that the plaintiff, Gerald Giannini, was fourteen years old and resided across the street from the stable owned by the defendant, who employed a colored stableman to take care of the horses and wagons and keep the stable in order. On the morning of the accident respondent saw the stableman leaving in a buggy and at that time the stableman requested the boy to clean the stable during his absence and promised to pay him a nickel upon his return. A small door which was part of a large sliding door was left open for the boy. Subsequently the respondent and two other boys entered the stable and while respondent was on the premises the large sliding door fell, breaking respondent’s leg and inflicting other injuries. It appears that a large number of boys frequently congregated about the stable and at times wont into…