Curtis v. Quarries

Citations

• 37 Wash. 355
• 79 P. 955
• 1905 Wash. LEXIS 734

Syllabus

<p>Appeal and Error — Pleading—Waiving ■ Error by Pleading Over. Error in striking out a portion of the complaint is waived by the filing of an amended complaint.</p> <p>Negligence — Dangerous Premises — Power House in Quarry-Injury to Trespassing Child. A power house in a quarry 200 yards from a public road, containing no dangerous machinery or device particularly attractive to children, does not come within the rule of the turntable eases so as to render the owner liable to a trespassing child, six years of age, who was injured in stepping through a hole in the floor of a platform covering the machinery.</p> <p>Same — Trespassers—Unauthorized Invitation. A child six years of age who enters defendant's power house at a quarry, of his own volition, just after being driven away by the engineer in charge, cannot be said to enter upon invitation, but is a trespasser, notwithstanding he may have been enticed there by two boys employed by defendant in manipulating the levers of the hoisting machinery, since they had no authority to invite strangers there, or to impose obligations on the defendant with reference to trespassers.</p>