Latta v. Brooks

Opinion op the Court by

Judge Cammack-

-Affirming.

This case involves the attractive nuisance doctrine. The appeal challenges the correctness of the action of the trial judge in granting a peremptory instruction in favor of the appellees at the conclusion of the plaintiff’s evidence.

During the early part of 1939 the appellee, W. W. Brooks, employed the Horace McClellan Contracting Builders to build a house for him in Louisville. Horace McClellan, another appellee, and president of the corporation, supervised the construction work. Jimmy Latta, who was then about five and one-half years of age,…