Bicandi v. Boise Payette Lumber Co.

HOLDEN, J.,

Concurring Specially. — This court, many years ago, in 1902, in the case of York v. Pacific & Northern Ry. Co., 8 Ida. 574, 69 Pac. 1042, aligned itself with that group of courts giving approval to and which have applied the “attractive nuisance” doctrine. Nevertheless, the majority refuse to apply that doctrine to the ease at bar because, it is said, “High explosives may be locked up beyond the reach of children, turntables and other dangerous machinery may be so secured that children cannot injure themselves thereby, but this is not true of ponds, lakes, streams, and many other…