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eBook details

• Title: Goss v. Shawnee Post No. 3204
• Author : Court of Appeals of Kentucky NO NUMBER IN ORIGINAL
• Release Date : January 05, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

James P. Goss, an infant five years of age, brought an action by his father as next friend, to recover damages from the Shawnee Post No. 3204, Veterans of Foreign Wars of the United States, Inc., for injuries suffered by him as a result of his playing on a controlled trash fire located upon the defendant's property. The case is based upon the attractive nuisance doctrine. The appeal is from a judgment entered on a verdict in favor of the defendant. Since we find that the defendant was entitled to a directed verdict, we shall confine our consideration of the case to that finding. The facts that we shall assume to have been proven, for the purposes of the decision, are these: The defendant owned and maintained a clubhouse located at 311 Amy Avenue in Louisville. It was the custom of the custodian to periodically burn rubbish taken from the building on the rear portion of the lot. The defendant's premises were near a street where children were permitted to congregate and play. On occasions prior to December 17, 1949, some of the children had gone upon the defendant's property and had watched the rubbish being burned. On December 17, 1949, at about 2:00 p. m., James P. Goss came upon defendant's property alone, and went to the burning trash pile and while playing therein, his clothing caught fire, causing him to suffer painful and permanent injuries.

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