McCormick v. Williams

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from an order sustaining a demurrer to plaintiffs’ evidence in an action for the wrongful death of a child based on the attractive nuisance doctrine.

No issue is presented by the pleadings, and there is no conflict in the facts as disclosed by plaintiffs’ evidence.

The defendants lived at 712 South Terrace Drive, Wichita, Kansas. Their back yard was enclosed with a white picket fence about two and a half feet to three feet high. When opened, the gate into the back yard was pulled shut with a spring where it was caught by a…