Peterson v. Farmers' Grain & Milling Co.

The plaintiff had a verdict and judgment for $3,500 damages for personal injuries, and the defendant appeals. The case is based on negligence under the doctrine of attractive nuisances or the “turntable cases.” The refusal of the trial court to direct- a verdict for defendant is the only assignment of error necessary to be considered.

The undisputed facts are that for 17 years the defendant owned and operated a grain elevator at Cache Junction, a village of 200 population, in Cache county, Utah. The grain elevator was situated and contained in a main building about 40 feet square, and 80 or 90…