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FEATHERSTONE v. BERG

No. 12664.

498 P.2d 660 (1972)

28 Utah 2d 94

Robert O. FEATHERSTONE, a minor, by his guardian ad litem, Lee W. Featherstone, Plaintiff and Appellant, v. Donald F. BERG, Defendant and Respondent.

Supreme Court of Utah.

June 26, 1972.

Attorney(s) appearing for the Case

Macoy A. McMurray, of McKay, Burton, McMurray & Thurman, Salt Lake City, for plaintiff-appellant.

Harold G. Christensen, of Worsley, Snow & Christensen, Salt Lake City, for defendant-respondent.

HENRIOD, Justice:

Appeal from a dismissal of a second amended complaint in a suit brought to recover damages for injuries to a nine-year-old child suffered when he fell from a second-story ledge of a house under construction. Affirmed with costs to defendant.

Plaintiff's complaint obviously was patterned after factual requirements of Section 339, Restatement of Torts, which states in sweeping terms a liability for injuries suffered by curious young children...

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