McWilliams v. Guzinski

The order appealed from overrules the defendants’ demurrer and the question here is whether the complaint states a cause of action in negligence under the “attractive nuisance” doctrine.1

The action was brought by the mother of a deceased child for damages sustained by her as a result of the drowning of her four-year-old son, Joseph, in a backyard swimming pool owned by the defendants, Mr. and Mrs. Thomas Guzinski. It is alleged that the pool is surrounded by a fence constructed in a “basket weave” manner, presenting a “natural stepladder” at each support post. The sole allegation in the…