Hanners v. City of Ashland

CLAY, Commissioner.

■ The plaintiff’s son drowned while swimming in a reservoir maintained by defendant City of Ashland. In this suit for damages the trial court directed a verdict for defendant.

The basis of plaintiff’s claim is that the reservoir constituted an attractive nuisance, and the defendant negligently failed to guard or fence it.

This reservoir was a properly constructed concrete basin which was filled with water from a depth of 12 to 35 feet. There was no protective device immediately around the basin, although the reservoir area was enclosed by a barbed wire fence. It was shown…