[Download] "Plotzki v. Standard Oil Company Indiana" by 638 Supreme Court of Indiana No. 28 # Book PDF Kindle ePub Free

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eBook details

• Title: Plotzki v. Standard Oil Company Indiana
• Author : 638 Supreme Court of Indiana No. 28
• Release Date : January 02, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

The sole question here presented is the correctness of the ruling of the trial court in sustaining a demurrer to appellant's fifth amended complaint on the ground that the same did not state facts sufficient to constitute a cause of action. This complaint is in one paragraph and is brought to recover for the wrongful death of Donald William Plotzki, son of the appellant. The complaint alleges that the said Donald William Plotzki died on June 16, 1944, at which time he was eleven years of age. That some time in the year of 1944 the defendant caused to be made an excavation on its real estate located in Hammond, Indiana. That said excavation was made about fifty yards from New York Avenue in said city and was in plain view from the sidewalk on and along the West side of said avenue and became filled with water; that the portion of the said avenue nearest to said excavation is in an area in said city inhabited and frequented by large numbers of children; that the bottom of said pool was unevenly excavated in a careless and negligent manner and that at certain places a small boy of the age of said Donald William Plotzki could wade, and at other points there were sharp drop-offs and holes, to-wit: about eight (8) feet in depth, made by the excavation of defendant; that the water in the pool was not clear and that the bottom could not be seen by children wading therein. That on the 16th day of June, 1944, appellant's said son was attracted and went to said pool and that while wading therein stepped into one of said drop-offs and was drowned. That he had no knowledge of the uneven excavation of said pool or the numerous drop-offs and deep holes therein which were permitted to remain therein by defendant, and that he was entrapped by said drop-offs and deep holes and was too young to apprehend the alleged inherent dangers of said pool. That at the time of his death and prior thereto he and other children attracted to said pool were not warned in any manner by this defendant against said inherent dangers in said pool and that the proximate cause of his death was the negligence of the defendant and the breach of duty of the defendant toward children of tender age in maintaining and permitting the existence of said attractive nuisance, and failing to warn the said Donald William Plotzki of the dangers involved in his wading in said pool. Appellant also alleged that at the bottom of the pool and in the deep holes were pieces of foundation, rocks, cans, weeds and other debris but no other facts were alleged showing that this debris had any connection with decedent's death.

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