United States National Bank v. Zellner

When Jacob Duke was three years old, he fell into an artificial waterway while playing on the grounds of a fish hatchery. He suffered severe, irreversible brain damage. United States National Bank (plaintiff), acting as Jacob’s conservator, filed a negligence action against defendants (landlords). The jury returned a verdict in favor of landlords. Plaintiff appeals from the resulting judgment.

Landlords’ tenant operated the fish hatchery on the leased premises. One of the tenant’s employees lived in a trailer on the premises so that he could be available quickly if pumps or other equipment…