Harris Ex Rel. Harris v. Winston-Salem Southbound Railway Co.

The question for decision is whether an open and empty railroad car, standing unattended on a commercial sidetrack where children are accustomed to play, is such an attractive nuisance as to import liability for failure to safeguard it against injury to a twelve-year-old boy while playing thereon on a Sunday afternoon. In sustaining the demurrers, the trial court answered in the negative, and we approve.

The negligence alleged is, that the defendants left the car in question unattended, i.e., “without being watched, supervised, or attended by defendants or anyone for them,” when they knew or…