Saxton v. Plum Orchards, Inc.

HAMITER, Justice.

Invoking the attractive nuisance doctrine, plaintiffs sued to recover damages for the loss of their four year old daughter whose lifeless body was found in a deep pool of water on defendant’s property, they alleging that the child’s drowning was due entirely to the negligence of defendant in creating and maintaining the pool which was alluring and attractive to children.

Answering, defendant generally denied plaintiffs’ allegations, and it affirmatively showed as follows:

“And now for further answer to the plaintiffs petition defendant avers that it is the owner of the house in…