Banker v. McLaughlin

I cannot agree with the majority opinion allowing a recovery against the petitioner Banker under the attractive-nuisance doctrine for the drowning of respondent’s five-year-old son. In my judgment, the holding is squarely in conflict with prior decisions of this court and is against the overwhelming weight of authority of other jurisdictions. To demonstrate my position, it is necessary to make an additional statement which will include some very material facts which were omitted from the majority opinion.

To get the true picture of the situation, it should be stated at the outset that the…