Mail v. M. R. Smith Lumber & Shingle Co.

This is an action to recover damages for personal injuries sustained by a child three years of age while he was playing with pike poles on a walkway of defendants millpond. The complaint is based on the doctrine of attractive nuisance. The trial court sustained a demurrer to the plaintiffs’ amended complaint and entered judgment dismissing the action.

The defendant lumber mill maintained on its premises an artificial open millpond. It was unguarded and without warning signs at the time the minor child was injured. On the bank of the pond, there was a deck from which a walkway extended to the…