Mathis v. Swanson

This action, predicated upon the attractive nuisance doctrine, was commenced by Ethel Mathis, as guardian ad litem for her son, Daniel Mathis, aged 13, who was injured while on the property of the defendants, when his brother, walking on a steel I beam, caused it to fail on Daniel’s foot. The defendants were the owners of Swanson’s Market in Aberdeen and the owners of the Lamb Construction Company, which was in charge of remodeling the market.

The defendants were granted summary judgment of dismissal, and plaintiff appeals.

The facts, as shown by the pleadings, affidavits, depositions, and…