Opinion
Gen. No. 40,620. (Abstract of Decision.)
Original opinion filed December 13, 1939 Rehearing opinion filed April 10, 1940
NEGLIGENCE, § 26 — attractive nuisance, as not proximate cause of injury. In action for death of child, based upon attractive nuisance doctrine, lower court properly directed verdict for defendant, where evidence showed that defendant elevated railway company had placed keg of nails between rails, that such rails were protected by 4-foot fence, that child climbed over fence, got some nails, was startled by elevated train and tripped over third rail, because the thing which attracted the child, the keg of nails, was not the proximate cause of the injury, but his running and tripping over the third rail was the cause.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook County; Hon. MARTIN M. GRIDLEY, presiding.
Affirmed. Heard in third division, first district, at February term, 1939.
Walter F. Boye and Henry J. Hughes, for appellant.
Gardner, Foote, Morrow Merrick, for appellees;
Walter M. Fowler, of counsel.
"Not to be published in full." Original opinion filed December 13, 1939; rehearing opinion filed April 10, 1940.