Eaton v. R. B. George Investment, Inc.

The opinion handed down in this case on May 6th is withdrawn and the following is substituted therefor:

This is a suit for damages growing out of the drowning in a cattle dipping vat of Ginger Dale Ensley, three-year-and-eight-months-old stepdaughter of F. W. Eaton.

The pleading on which the plaintiffs went to trial shows beyond any doubt that the effort to establish liability of the defendant was predicated on the so-called attractive nuisance doctrine as that doctrine is held to give rise to an implied invitation to children to come on premises and play about unusually attractive structures.…