Zagar ex rel. Zagar v. Union Pacific Railroad

The opinion of the court was delivered by

Hopkins, J.:

The question here presented is whether a bluff, which is from 40 to 100 feet high and extending along the right of way of a railroad, and which has been excavated at the base so that it is steeper than it was in its natural formation, is an attractive nuisance. The excavating was done by defendant at various times since 1903 and extended along its right of way in Kansas City, Kan., for about a thousand feet. Children residing in that vicinity resorted there to play various games. They made caves, constructed ladder ascents by cutting out…