Kowalke v. Schindler

No claim was made in the complaint, on the trial, or is here that there was any gross or wanton negligence by defendant responsible for plaintiff’s injury. The complaint relied upon the alleged negligence of allowing and permitting the dynamite caps to be in and about said stove and subject to be discovered by., children accustomed to play upon said premises.

We can find no legal basis upon which responsibility for this unfortunate accident can be placed upon defendant, and the trial court was right in so determining.

The plaintiff and his two companions were attracted to go upon defendant’s…