Emery v. Thompson

In the Circuit Court of Stoddard County, Missouri, a demurrer was sustained to appellants’ amended petition. Appellants declined to plead further and judgment was rendered in favor of respondent.

Appellants’ amended petition alleged that they were the parents of a minor son, age five years, and that he was killed through the negligence of respondent. Appellants’ petition attempted to state a cause of action under the “attractive nuisance” doctrine. It alleged that respondent maintained on his unfenced and unguarded right-of-way a number of dangerous piles of cross-ties, piled or laid in rows…