SAXTON v. PLUM ORCHARDS

No. 38998.

40 So.2d 791 (1949)

215 La. 378

SAXTON et ux. v. PLUM ORCHARDS, Inc.

Supreme Court of Louisiana.

April 25, 1949.


Attorney(s) appearing for the Case

Porteous & Johnson and William A. Porteous, Jr., all of New Orleans, for plaintiffs and appellants.

John F. Stafford and Sydney J. Parlongue, both of New Orleans, for defendant and appellee.


HAMITER, Justice.

Invoking the attractive nuisance doctrine, plaintiffs sued to recover damages for the loss of their four year old daughter whose lifeless body was found in a deep pool of water on defendant's property, they alleging that the child's drowning was due entirely to the negligence of defendant in creating and maintaining the pool which was alluring and attractive to children.

Answering, defendant generally denied plaintiffs' allegations, and it...

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