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BRENNAN v. KAW CONSTRUCTION CO.

No. 39,375

176 Kan. 465 (1954)

271 P.2d 253

JAMES J. BRENNAN, III, by JAMES J. BRENNAN, JR., His Father and Next Friend, Appellant, v. KAW CONSTRUCTION COMPANY, INC., a Corporation, and CHARLES E. HALE and JULIUS E. WERLE, a Partnership, doing business as Hale & Werle Roofing and Siding Co., Appellees.

Supreme Court of Kansas.

Opinion filed June 12, 1954.

Attorney(s) appearing for the Case

James R. Hoover, of Prairie Village, argued the cause and Howard E. Payne, of Olathe, was with him on the briefs for the appellant.

William H. Sanders, of Kansas City, Mo., argued the cause and Robert B. Caldwell, Blatchford Downing, Stanley Garrity and Robert S. Eastin, all of Kansas City, Mo., and John W. Breyfogle, Jr., of Olathe, were with him on the briefs for appellees Hale and Werle; Robert P. Anderson, of Overland Park, argued the cause and was on the briefs for appellee Kaw Construction Company, Inc.

The opinion of the court was delivered by

SMITH, J.:

This was an action by a two-year-old child by his father to recover damages alleged to have been sustained when the defendants maintained upon premises under their control a conveyer alleged to be dangerous to children of tender years by reason of their inability to appreciate the peril they incurred by playing upon it, commonly known as an attractive nuisance case...

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