ATCHISON, T. & S.F. RY. CO. v. POWERS

No. 34567.

206 Okla. 322 (1952)

243 P.2d 688

ATCHISON, T. & S.F. RY. CO. v. POWERS.

Supreme Court of Oklahoma.

April 23, 1952.


Attorney(s) appearing for the Case

Rainey, Flynn, Green & Anderson, Oklahoma City, and McMahan, Loofbourrow & Loofbourrow, Boise City, for plaintiff in error.

Aaron Mesirow, Oklahoma City, and C.R. Board, Boise City, for defendant in error.


ARNOLD, C.J.

Plaintiff is the widowed mother of Roy Powers, a thirteen year old boy, who was drowned in an artificial body of water excavated and maintained by defendant on its railroad right of way near its yards at Boise City, Oklahoma.

Plaintiff alleged the artificial body of water was a small lake, generally six or seven feet deep, and constituted an attractive nuisance and was especially dangerous to small children by reason of the depth of the water...

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