Brennan Ex Rel. Brennan v. Kaw Construction Co.

The opinion of the court was delivered by

Smith, J.:

This was an action by a two-year-old child by his father to recover damages alleged to have been sustained when the defendants maintained upon premises under their control a conveyer alleged to be dangerous to children of tender years by reason of their inability to appreciate the peril ..they incurred by playing upon it, commonly known as an attractive nuisance case. Judgment was for the defendants, sustaining their demurrer to the plaintiff’s petition. He has appealed.

After the formal allegations, the petition alleged that the Kaw…