Pennington v. Little Pirate Oil & Gas Co.

Citations

• 106 Kan. 569
• 189 P. 137
• 1920 Kan. LEXIS 605

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Pumping Machinery — Death of Minor Son — Doctrine of Attractive Nuisance. Pumping machinery inclosed in an iron house which one of the plaintiffs had been employed by the defendant to care for and operate, was allowed to run for a short time when he left the plant to attend to another task. The home of his family was within 100 feet of the power house, and while he was absent his son, twelve years old, entered the power house to shut off the engine and was accompanied by another son, who was nine years of age. The latter went so close to the machinery that he was caught in a belt and suffered injuries which resulted in his death. The children had been repeatedly warned by plaintiffs of the danger of close approach to the plant and directed to keep away from it. Held, that the doctrine of attractive nuisance is not applicable to the facts of the case, and that under the evidence defendant was not liable to plaintiffs for the injury and death of their son.</p>