Rivera v. Porto Rico Drug Co.

DISSENTING OPINION OP

MR, JUSTICE WOLP.

This was a case in which the District Court of Ponce made complete findings of fact with respect to the issues *489submitted to it. If tlic pleadings be examined it will be seen that no issue of a supposed attractive nuisance vel non was raised in tbe complaint or in tbe answer. Similarly, no issne was presented of tbe duty of an owner of premises to take ordinary care to protect a trespasser or a licensee, adult or child, once tbe owner knew, or bad reason to know, that such a person might be expected on tbe premises at any time. Nor is this a case, as held…