Consolidated Electric-light & Power Co. v. Healy

Citations

• 65 Kan. 798
• 70 P. 884
• 1902 Kan. LEXIS 137

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries- — “Attractive Nuisance” — Liability of Owners. It is the law of this state that one who maintains on his premises what is called an “attractive nuisance,” that is, a place which, though patently dangerous to those of ordinary knowledge and prudence, is so enticing to others excusably lacking in intelligence and caution as to induce them to venture to it, is liable for resulting injuries to the latter; and the same rule applies to one who maintains in his own premises a dangerous instrumentality not in itself attractive, but placed in such immediate proximity to an attractive situation on the premises of another as to form with it a dangerous whole, notwithstanding the attractive situation on the other premises may not be of itself dangerous.</p> <p>2. -JSlectric-light Company — Defective Wires. An electric company laid its wires on the viaduct of a city street, outside but close to the traveled way, between which wires and way was a railing or balustrade over which small boys were in the habit of climbing and getting close to the wires. The- wires were defectively insulated, of which fact and of the habit of the boys the company had knowledge. One of the boys, when in the act of climbing, was killed by coming in contact with the uninsulated wires. Held, that the company is liable.</p>