Talley v. J & L OIL CO.

The opinion of the court was delivered by

Fromme, J.:

This is a wrongful death action brought on the attractive nuisance theory. The deceased, Lynn Ray Talley, was a 1314-year-old boy who drowned in an oil storage tank located near the outskirts of the city of Wichita. The father of the deceased boy recovered judgment on a jury verdict for $23,500.00. The J & L Oil Company, Inc., which was operator and owner of the oil lease, brings this appeal. It claims the trial court erred in submitting the case on the attractive nuisance theory, in refusing to submit the contributory negligence question to…