Hunter v. J. C. Turner Lumber Co.

CARSWELL, Chief Judge.

This action was brought in behalf of plaintiff’s minor son alleging that the boy was injured when he fell from a stack of defendant’s lumber. The complaint embraces the classic elements of the attractive nuisance doctrine; the boy was using ordinary care for his own safety for one of his age, experience, intelligence and capacity; he was attracted and lured to defendant’s lumber yard; he did not know the dangers of climbing upon stacks of lumber. There are allegations of defendant’s negligence and failing to warn the boy of the danger of coming in close proximity to the…