Robert Addie & Sons (Collieries), Ltd. v. Dumbreck

Robert Addie & Sons (Collieries), Ltd. (colliery) (defendant) ran a coal-hauling system with a large wheel in a field that was poorly fenced, attractive to children, and used as a shortcut, despite repeated verbal warnings, posted signs, and gates telling people to keep out. Dumbreck (plaintiff) warned his four-year-old son to stay away, but the boy nonetheless played near the wheel and was killed when it was activated. The trial court awarded Dumbreck damages, finding the colliery hadn't taken adequate precautions before starting the machinery, and the colliery appealed.