TORTS-ATTRACTIVE NUISANCE-PONDS

Tyler, Jr., Lloyd J.

Journal: Michigan Law Review

Volume: 48

First Page: 887

Year: 1950

Bluebook Citation: 48 MICH. L. REV. 887 (1950)

Author: Jr Lloyd J. Tyler: all 3 publications


Abstract

Plaintiff's four-year-old daughter drowned in a pond on defendant's land. The pond was from six to ten feet deep, with extremely steep banks, and contained various forms of marine life and debris. The pond was useless and was eliminated by the defendant soon after the drowning. The defendant knew that at least twenty small children resided in the immediate area and the pond was visible and accessible to them.

In a damage action for the death, held, the defendant was liable under the attractive nuisance doctrine. Saxton v. Plum Orchards, Inc., (La. 1949) 40 S. (2d) 791 (1949).

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