Banker v. McLaughlin
Supreme Court of Texas
208 S.W.2d 843 (1948)
Relevant factsFree
Developer H.F. Banker (defendant) left a deep excavation pit filled with water for eight or nine months after grading streets in a subdivision home to about 50 families, 40 with small children, and took no precautions to keep children away or to fill the pit even though it cost little to do so. James McLaughlin's (plaintiff's) nearly six-year-old son drowned in the pit, and a jury found for McLaughlin; the appellate court reduced but affirmed the award, and Banker appealed, arguing he owed no duty to a trespassing child.
IssueFree
Whether a landowner is liable under the attractive-nuisance doctrine for harm to a child trespasser drawn onto the property by a dangerous condition.