HUNTER v. J. C. TURNER LUMBER COMPANY

Civ. A. No. 744.

187 F.Supp. 646 (1960)

Eddie Wesley HUNTER, Sr., and Eddie Wesley Hunter, Jr., a minor, by and through his next friend and father, Eddie Wesley Hunter, Sr., Plaintiffs, v. J. C. TURNER LUMBER COMPANY, a New York corporation, Defendant.

United States District Court N. D. Florida, Tallahassee Division.

September 27, 1960.


Attorney(s) appearing for the Case

J. B. Hodges, Lake City, Fla., John L. Westberry, Perry, Fla., for plaintiffs.

A. Frank O'Kelley and Charles Friend, Keen, O'Kelley & Spitz, Tallahassee, Fla., for defendant.


CARSWELL, Chief Judge.

This action was brought in behalf of plaintiff's minor son alleging that the boy was injured when he fell from a stack of defendant's lumber. The complaint embraces the classic elements of the attractive nuisance doctrine; the boy was using ordinary care for his own safety for one of his age, experience, intelligence and capacity; he was attracted and lured to defendant's lumber yard; he did not know the dangers of climbing upon stacks...

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