Brown v. City of Marshall

LeRoy James Brown, ten years old, was killed by a fall of frozen earth, a part of the overhanging ledge in the north bank of a sand pit located in the defendant city. His parents, plaintiffs herein, brought this suit to recover damages for his death, obtained a judgment in the sum of $5000, from which the defendant has appealed.

The north bank of the sand pit was about twelve feet high and its overhang two to four feet. On the day of the fatal accident, January 25, 1931, plaintiffs' said son and fourteen other children were playing in the pit. One of them testified: "We were playing like we…