Smith v. McGoldrick Lumber Co.

— In an action for damages in the sum of $20,150, for the drowning of their eleven-year-old son, a verdict for $1,000 having been awarded by the jury, was set aside by the trial court on motion of the respondent for judgment n. o. v.

The basis of the cause of action of appellants was that respondents maintained a dangerous, attractive and alluring nuisance, consisting of a mill pond within the city of Spokane, which was covered by a carpet of logs, to and upon which children of immature years were attracted to play, and which constituted a great danger; that the pond and the logs were not…