State Ex Rel. Lorenz v. MacHen

Bond, O. J.,

delivered the opinion of the Court.

An appeal from a judgment for a defendant on demurrer to the plaintiff’s declaration presents in this case a question whether allegations of accidental death to a boy of ten years, while playing on the defendant’s property, would if proved establish liability on the defendant for damages. The allegations are these: The defendant was a trustee holding title to the property with all powers of an owner, including that of improving by grading and excavating. The property is unfenced, unimproved land, the soil of which is composed mostly of sand and…