Chickasha Cotton Oil Co. v. Masingale

This action was instituted by .Gladys Masingale against the Chickasha Cotton Oil Company to recover damages for alleged wrongful death of her minor son, Melvin Wayne Masingale, aged four and one-half years, who was drowned in a pit upon premises of defendant. Upon a jury’s verdict plaintiff was awarded judgment, from which the defendant prosecutes this appeal. The parties will be referred to as they appeared in the trial court.

Upon trial the issue of liability was submitted to the jury over objection of the defendant under instructions holding the doctrine of attractive nuisance applicable…