Brittain v. Cubbon

The opinion of the court was delivered by

Schroeder, J.:

This is a negligence action based upon the doctrine of attractive nuisance. It is brought on behalf of a ten-year-old child to recover for injuries received on the defendant’s premises when the child stepped on a nail and was allegedly injured. The *642trial court overruled a demurrer to the amended petition, and appeal has been duly perfected from such ruling.

The only question presented is whether the pleading states a cause of action under the attractive nuisance doctrine.

The amended petition alleged that the plaintiff, Michael J. Brittain,…