Jacobsen v. City of Rathdrum

I agree with the majority opinion only with regard to its discussion of liability for *276willful and wanton conduct and its remand for further proceedings on that issue. Otherwise, I dissent to its treatment of attractive nuisance and to the application of the recreational trespass statute to city parks.

I

With no discussion whatsoever, the majority blandly states that “[t]he doctrine of attractive nuisance in this state does not apply to streams,” citing Bass v. Quinn-Robbins and Bicandi v. Boise Payette Lumber Co. While a little stare decisis is a good thing, the above two cases are not worthy…