NICHOLS v. CONSOLIDATED DAIRIES OF LAKE COUNTY

No. 9034.

239 P.2d 740 (1952)

NICHOLS, et al. v. CONSOLIDATED DAIRIES OF LAKE COUNTY, INC.,

Supreme Court of Montana.

January 16, 1952.


Attorney(s) appearing for the Case

Raymond F. Gray, Ronan, Mr. Wellington D. Rankin, Mr. Arthur P. Acher, Helena, for appellants.

John D. French, Polson, Smith, Boone and Rimel, Missoula, for respondent.


METCALF, Justice.

The plaintiff, a child of 12 years of age, was injured while playing upon a passenger elevator in defendant's grain elevator. A general demurrer to the second amended complaint filed by his guardian ad litem was sustained without leave to plead further. He has appealed from the judgment of dismissal.

The first two counts of the complaint are based upon an "attractive nuisance" theory. The attractive nuisance doctrine is recognized by the...

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