Torts—Attractive Nuisance Doctrine as a Basis for Damages Caused to Third Persons by Trespassing Child

A subrogee insurer sued for damages to a building resulting from acts of children trespassing on adjacent land. Three children, at night, observed a tractor standing unguarded on a job site in a slum district, and began playing. They inadvertently started the tractor, which ran into and damaged the building. Held, recovery against the tractor owner affirmed on the basis of the attractive nuisance doctrine.

Following the usual application of this doctrine, there would seem to be no question of liability to the children had they been injured while so trespassing and playing on the tractor. However, as the children were not injured, but caused injury to the property of another, this is an unusual application.