Byrd Ex Rel. Sturgeon v. Melton

Lewis, Justice.

This action was instituted to recover for the alleged wrongful death of Rudolph Larue Sturgeon, III, a minor, six years of age. The infant drowned in a branch or drainage ditch which crossed a three acre tract of land in which the defendants own interests. This appeal is from an order of the lower court granting defendants’ motion for summary judgment.

The complaint of the plaintiff-appellant sought to base liability upon the maintenance by respondents of either (1) an attractive nuisance or (2) an unguarded dangerous condition on their premises, both recognized in this State as…