KELLEY v. BRAZOS VALLEY COTTON OIL MILL, INC.

No. 3974.

355 S.W.2d 739 (1962)

V. W. KELLEY et al., Appellants, v. BRAZOS VALLEY COTTON OIL MILL, INC., et al., Appellees.

Court of Civil Appeals of Texas, Waco.

March 22, 1962.


Attorney(s) appearing for the Case

W. L. Tandy, Waco, for appellants.

Naman, Howell, Smith & Chase, Cullen Smith, Louis Muldrow, Waco, for appellees.


WILSON, Justice.

The court granted defendant's motion for instructed verdict in an action for death of a boy 14¼ years of age, who was killed by stepping into a cotton seed conveyor auger inside a storage tank on defendant's premises.

This is said to be an "attractive nuisance" case but turns, primarily, on whether there is evidence defendant breached any duty it owed to deceased, and whether the issue of foreseeability is raised. The conditions to be...

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