Clarke v. Edging

HOWARD, Judge.

The appellees commenced an action for the wrongful death of their twelve year-old daughter, Deborah Carol Edging, against both appellants on the theory of the maintenance of an “attractive nuisance” and as to appellant The American Smelting and Refining Company on the theory of absolute liability because of blasting at its mine. At the conclusion of the trial the absolute liability issue was dismissed.

The questions submitted to the jury were in essence the following. (1) Were appellants or either of them liable on the theory of attractive nuisance? (2) Was the deceased child or…