Plaintiff, an eleven-year-old boy, was injured when a lumber pile on which he was playing collapsed. The lumber had been ordered by a contractor and had been piled on the building site by a lumber dealer. The lumber, which allegedly resembled a boat to the plaintiff, was near two public alleys which bordered the building site. The plaintiff brought an action for injuries under the attractive nuisance doctrine against both the contractor and the lumber dealer. Held: Even though the lumber dealer had neither possession or control of the premises, he owed a duty to trespassing children not to create an attractive, dangerous situation; and liability should be determined by the jury under the ordinary rules of negligence.
Torts—Negligence—Liability to Trespassing Children,
35 Neb. L. Rev. 131
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