MAIL v. SMITH LBR. ETC. CO.

No. 33278.

47 Wn.2d 447 (1955)

287 P.2d 877

MICHAEL DUANE MAIL, a Minor, by Mildred Mail, his Guardian ad Litem, et al., Appellants, v. M.R. SMITH LUMBER & SHINGLE COMPANY, Respondent.

The Supreme Court of Washington, Department Two.

September 15, 1955.


Attorney(s) appearing for the Case

W.J. Murphy and O.M. Nelson, for appellants.

Lester T. Parker, for respondent.


FINLEY, J.

This is an action to recover damages for personal injuries sustained by a child three years of age while he was playing with pike poles on a walkway of defendant's millpond. The complaint is based on the doctrine of attractive nuisance. The trial court sustained a demurrer to the plaintiffs' amended complaint and entered judgment dismissing the action.

The defendant lumber mill maintained on its premises an artificial open millpond. It was...

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