Kluge v. Wilson

Opinion by

Mr. Justice Day.

The action in the district court arose out of personal injuries sustained by two minor plaintiffs, James and David Kluge, when an earthen embankment on which they were playing collapsed. The embankment was located on the property of the defendant in error, Glenn R. Wilson, who was the defendant below.

After the original and the first amended complaint had been dismissed by the court with leave in both instances to file a new complaint, the court entered a final judgment in favor of the defendant by dismissing the second amended complaint of the plaintiffs. The court…