Schneider Fuel & Supply Co. v. Thomas H. Bentley & Son, Inc.

Defendant maintains that the complaint does not sufficiently allege a cause of action for attractive nuisance; and, that its negligence, if any, is superseded by an independent, intervening force.

The plaintiff concedes that the complaint does not state a cause of action for attractive nuisance as that phrase is legally understood, but contends the allegation of attractive nuisance is merely descriptive of a negligent act of the defendant.

The allegation of attractive nuisance here may be descriptive, but it does not enlighten us as to the facts in this case. It is clear that there is no…