Attebury v. Jones

On Rehearing.

On February 27, 1925, the following opinion was filed:

Stone, J.

Although, and with some cause, the original opinion has been construed by counsel as invoking the attractive instrumentality rule of the turntable cases, it was not so intended. The negligence of defendant, if any, is referable to a failure to use due care to keep his premises in a safe condition for their intended use by the public, particularly children, as a place of amusement. The probable attractiveness of the machine to the curiosity or appetites of childhood is a mere detail.

The writer is still of the opinion,…