TORTS - EFFECT OF ATTRACTIVE NUISANCE DOCTRINE ON MUNICIPAL LIABILITY TO CHILDREN ON THE STREETS

Authors

Donald H. Treadwell, University of Michigan Law SchoolFollow

Abstract

Plaintiff, an eight year old girl, stopped on the way home with a playmate to play around a newspaper stand located on the edge of the sidewalk. The stand was maintained by a vendor who was licensed by the city. While the plaintiff was standing beside the stand, her playmate swung from the top, causing it to topple over on the plaintiff and gash her forehead. Despite medical care infection set in and a disfiguring scar resulted. There was evidence that the stand had fallen over previously for various reasons. Held, that the defendant city was negligent in not using reasonable care to protect children from a dangerous agency which it should have known would attract children from a place where they had a right to be. The city had also breached its duty to keep the street free from obstructions. Harrison v. City of Chicago, 308 Ill. App. 263, 31 N. E. (2d) 359 (1941).

Recommended Citation

Donald H. Treadwell, TORTS - EFFECT OF ATTRACTIVE NUISANCE DOCTRINE ON MUNICIPAL LIABILITY TO CHILDREN ON THE STREETS, 40 Mich. L. Rev. 322 (1941).
Available at: https://repository.law.umich.edu/mlr/vol40/iss2/23