Phipps v. Mitze

Plaintiffs in error brought suit for the death of their son, aged nine, for damages in the statutory maximum of $5,000 — allowed for death by wrongful act — against defendant in error. The latter was the owner of, and occupied, the land upon which was located a small body of water in which the boy was drowned while trespassing on defendant’s land. '

In a trial to a jury plaintiffs introduced evidence which showed that their son, along with his older sister, aged eleven, and other children, entered defendant’s land and in the course of a “hike” came upon two ponds which up to that time they did…