Sullivan v. Trammell

I cannot agree with the disposition of the case as made by the majority opinion.

The danger incident to playing around the hole was open, visible and readily apparent to anyone of normal intelligence. It was not a concealed danger or tricky situation such as was dealt with by the courts in Duron v. Beaumont Iron Works, Tex.Com.App., 7 S.W.2d 867, 9 S.W.2d 1104, 1105. Maurine Trammell was eleven years old and apparently of normal mentality for one of her age. She had spent the weekends with her parents at the family residence and had had an opportunity to be around and observe the hole each…