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Abstract

Dynamite caps were left on the banks of a slush pit near defendant's gas well. Cultivated fields immediately around the pit were under lease to a Mr. Bradshaw whose small boy, trespassing upon defendant's pit, found the dynamite caps and showed them to his father who permitted the boy to play with them, thinking that the caps had been exploded. Later the Bradshaw boy gave them to plaintiff, aged five, who drove a nail into a cap which exploded and injured him. Evidence showed that there was a path near the slush pit, and that children frequently crossed the field nearby. Held, that plaintiff could recover, since defendant's negligence was the proximate cause of the injury. Lone Star Gas Co. v. Parsons, (Okla. 1932) 14 Pac. (2d) 369.

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