Columbus Mining Co. v. Napier's Administrator

Opinion of the Court by

Judge Clay

Reversing.

On July 13, 1929, Otis Napier was found dead in a driftmouth about 60 feet from the opening on the premises of the Columbus Mining Company. Thereafter this action was brought by his administrator to recover damages for his death. Liability was predicated on the theory that the driftmouth was dangerous because of the presence of noxious gases; that it was attractive and alluring to children, who were accustomed to play there with the knowledge of the mining company; that the decedent, though fifteen years of age, did not have mind enough to appreciate…