Summary
In Harris v. Roberson (App. D.C.), 139 F.2d 529, a large platform trailer had been parked in a vacant lot behind appellant's (plaintiff's) house.
Summary of this case from Coffey v. Oscar Mayer Co.Opinion
No. 8411.
Argued November 1, 1943.
Decided December 16, 1943.
Appeal from the District Court of the United States for the District of Columbia.
Action by Donald Harris, an infant, by James E. Harris, his father and next friend, and by James E. Harris, individually, against Lyman B. Roberson and B.R. Acker Company, Inc., to recover injuries sustained by infant when he fell from and was run over by platform trailer attached to corporate defendant's truck which was being driven by individual defendant. Verdict and judgment for defendants, and plaintiffs appeal.
Affirmed.
Mr. Vivian O. Hill, of Washington, D.C., for appellants.
Mr. Albert F. Beasley, with whom Messrs. Eugene X. Murphy and Raymond M. Hudson, all of Washington, D.C., were on the brief, for appellees.
Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.
Appellants, Donald Harris and his father, sued the appellees, Roberson and the Acker Company, for personal injuries to Donald, who was six years old at the time of the accident. In the District Court judgment was entered upon a verdict for Roberson and the Acker Company.
A large platform trailer belonging to the Acker Company had been parked in a vacant lot behind appellants' house. It was about 20 feet long, 8 feet wide, and 2½ feet high. As parked, it was not dangerous to children. It had no motor. It was used for hauling heavy equipment, and there is no contention that children ever moved it or could move it. Donald and other boys were playing on and about the trailer when Roberson, under a contract with the Acker Company, came with his truck to take it away. He ordered the boys to get off and they did so. Roberson then connected the trailer to his truck and climbed into the cab. Donald afterwards jumped back on the trailer. Roberson, from his position in the cab, could not see him. When Roberson started to drive away, Donald fell under the right rear wheel of the trailer and was injured.
Appellants contend that the District Court erred in refusing to give a charge which embodied the "attractive nuisance" doctrine. That doctrine is not applicable. It is limited to things which are dangerous to children because of the likelihood that children will meddle with them, and does not extend to things which become dangerous only when adults set them in motion. For example, it does not apply to moving railroad cars. The doctrine has been applied to turntables, dynamite caps, electric wires, a hand car on a grade, and a junk yard. Roberson was required only to exercise reasonable care in moving the truck and the jury has found, on sufficient evidence, that he did so.
Cf. American Ry. Exp. Co. v. Crabtree, 6 Cir., 271 F. 287.
Barney v. Hannibal St. J.R. Co., 126 Mo. 372, 28 S.W. 1069, 26 L.R.A. 847; Nixon v. Montana, W. S.W.R. Co., 50 Mont. 95, 145 P. 8, Ann.Cas. 1916B, 299.
Sioux City P.R. Co. v. Stout, 17 Wall. 657, 21 L.Ed. 745.
Sandeen v. Tschider, 8 Cir., 205 F. 252.
Meyer v. Menominee M. Light Traction Co., 151 Wis. 279, 138 N.W. 1008.
Cahill v. E.B. A.L. Stone Co., 153 Cal. 571, 96 P. 84, 19 L.R.A., N.S., 1094.
Eastburn v. Levin, 72 App.D.C. 190, 113 F.2d 176.
Appellants' other contentions are also without merit.
Affirmed.