Smith v. United States Steel Corp.

SHORES, Justice.

Kennedy Smith and Kenneth Watts, each aged thirteen, drowned in a water pollution control reservoir maintained by U. S. Steel Corporation. The mother of each brought an action against U. S. Steel charging negligence, wantonness and the maintenance of an attractive nuisance. U. S. Steel filed a motion for summary judgment supported by affidavits and the plaintiffs filed a coun-teraffidavit. The trial court granted the motion and the plaintiffs appealed.

At the time the boys were drowned, the reservoir was surrounded by an eight-foot cyclone fence. Strands of barbed wire were on…