eBook details
- Title: Brennan v. Kaw Construction Co.
- Author : Supreme Court of Kansas
- Release Date : January 12, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The opinion of the court was delivered by This was an action by a two-year-old child by his father to
recover damages alleged to have been sustained when the
defendants maintained upon premises under their control a
conveyer alleged to be dangerous to children of tender years by
reason of their inability to appreciate the peril they incurred
by playing upon it, commonly known as an attractive nuisance
case. Judgment was for the defendants, sustaining their demurrer
to the plaintiff's petition. He has appealed. After the formal allegations, the petition alleged that the Kaw
Construction Company was in the business of contracting for and
construction of homes in Johnson county; that the defendants Hale
and Werle were partners with their residence in Johnson county;
that about the 28th of September, 1952, defendants were in
exclusive possession and control of real property located at 1213
Fredrickson Drive in Olathe; that in connection with the
construction of a house upon that property the defendants used
and maintained an escalator-type conveyer for transporting
materials from the ground to the roof of the house; that it was
left in place for use on Sunday, September 28, 1952, and was not
enclosed, retracted to ground level, or guarded in any way, and
the mechanism thereof was in place for operation at all times,
attractive to young children as a plaything and very dangerous
for them to use, and to walk up to the roof of the house under
construction, and such danger could have been avoided by
retracting the conveyer to ground level, and all these facts were
well known to defendants at all times; that plaintiff resided on
the above date next door to the house where the conveyer was
located and his son, the plaintiff, who was two years old on that
day, and other small children, had been in the habit of watching
and passing along the street by this house; that the conveyer was
at all times when the workmen left their work retracted to ground
level when not in use, but on the above date and for a day prior
thereto defendants and their servants negligently left it in
place for use, unguarded, and while in this condition plaintiff
wandered into the property to engage in play with another child,
walked up the conveyer onto the roof of the house and from there
fell to the ground; that at such time James J. Brennan III was of
too tender an age to appreciate the danger which he incurred by
playing upon the conveyer and his resulting injuries were caused
by the defendants, their agents, servants and employees
carelessly and negligently leaving the conveyer in place,
abandoned
[176 Kan. 467]