May v. the Milldale Co.

Koonce, Circuit Judge.

—The plaintiff in error, a minor, by his next friend sued the defendants in error in the Circuit Court of Duval County. The action was based upon an injury received by the plaintiff while attempting to ride upon an endless chain or belt which was used by the defendant in conveying sawdust from railway cars to the ice plant of the defendants. It is claimed that the conveyor as arranged and operated was an “attractive nuisance”-to children.

The amended declaration contains nine counts. A demurrer to each and every count was sustained by the Circuit Judge, and the plaintiff…