Foster v. Lusk
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; The amended complaint stated a good cause of action and the demurrer should have been overruled. 60 Ark. 545; 70 Id. 331; 19 L. R. A. (N. S.) 1162; 79 N. E. 950.' Where an owner permits anything dangerous which is attractive to children, and from which an injury may be anticipated, to remain unguarded on his premises, he will be liable if a child is attracted to the place and injured thereby. Cases supra.
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Appeal from Crawford Circuit Court; James Cochran, Judge; The amended complaint stated a good cause of action and the demurrer should have been overruled. 60 Ark. 545; 70 Id. 331; 19 L. R. A. (N. S.) 1162; 79 N. E. 950.' Where an owner permits anything dangerous which is attractive to children, and from which an injury may be anticipated, to remain unguarded on his premises, he will be liable if a child is attracted to the place and injured thereby. Cases supra. This case comes within the rule. The grossest negligence is shown. 1. The company was not liable, and the demurrer was properly…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Esther Foster, is an infant four years of age, and sues by her next friend to recover compensation for injuries alleged to have been sustained on account of the negligence of the receivers of the St. Louis & San Francisco Railroad Company in maintaining or permitting to be maintained on the premises of the company a dangerous condition, attractive to children, whereby the plaintiff received serious bodily injuries. The court sustained a demurrer to the complaint and dismissed the action, and the plaintiff has appealed.
The charge in the complaint is, in substance, that the…
2Cases cited7 opinions
- Pittsburg Reduction Co. v. HortonSupreme Court of Arkansas · 1908
- Brinkley Car Co. v. CooperSupreme Court of Arkansas · 1895
- Arkansas Valley Trust Co. v. McIlroySupreme Court of Arkansas · 1911
- Nashville Lumber Co. v. BusbeeSupreme Court of Arkansas · 1911
- Brinkley Car Co. v. CooperSupreme Court of Arkansas · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Simmel v. New Jersey Coop Co.Supreme Court of New Jersey · 1958
- Smith v. Otto Hendrickson Post 212, American LegionSupreme Court of Minnesota · 1954
- Carr v. Oregon-Washington R.R. Nav. Co.Oregon Supreme Court · 1928
- Arkansas Power & Light Co. v. KilpatrickSupreme Court of Arkansas · 1932
- Sanders v. BairdSupreme Court of Arkansas · 1938
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