Bradley Pace, a Minor, by His Mother and Next Friend, Carmen Pace v. American Radiator & Standard Sanitary Corporation

KILEY, Circuit Judge.

The district court dismissed this three count diversity suit for damages for loss of sight in an eight year old boy’s eye, on the ground that no count of the amended complaint stated a claim upon which relief could be granted,1 and plaintiff has appealed. We think the court erred as to count III of the amended complaint, based on negligence.

The vital issue is whether defendant’s use, without authority, of a public area for storage of pipes carried with it a duty of maintaining the area reasonably safe for children passers-by so as not to create a likelihood of injury to…