Teagarden v. Russell's Adm'x

Opinion of the Court by

Judge Cammack

— Reversing.

This action was brought by the appellee, Polly Hubbard, against the appellants to recover damages for the alleged wrongful death of her son, Jesse James Russell, age 10. The case is based upon the attractive nuisance doctrine. The appeal is from a $5,000 judgment in favor of the appellee.

The principal ground urged for a reversal is that Mrs. Hubbard failed to show negligence on the part of the appellants, and, therefore, they were entitled to a peremptory instruction. Since we are in accord with this view, we shall confine our consideration of…