The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-07-10
his LAND MUST BE FREE FROM
SOURCES OF DANGER TO chill
DREN
OR HE MUST STAND THE RISK
FOR INJURIES SUSTAINED BY
THEM, EVEN THOUGH AS TECH
NICAL TRESPASSERS.
JUDGE KELLY is OF THE BELIEF
That Clarence Scandals Life Was
Sacrificed to the Negligence
of Allen p. Boyd.

Judge Kc;ly filed an order yesterday
overruling a demurrer in a case of
considerable interest to property
owners, mas much as it involves close
and an important question as to the
liability of owners for accidents
caused by leaving their property il. an
unsafe condition. The case is that Of
Oluf Stendal, as administrator Of Clar-
ence Eugene Stendal, against Allen p.
Boyd. The plaintiff has brought suit
to recover $1,000 damages caused by
the accidental drowning of his boy in
a pool of water on defendants land.
The defendant demurred to the COM
plant, alleging that it did not state
fact sufficient to constitute cause OF
action. Judge Kelly, in overruling the
demurrer first cited the salient facts OF
the case, which are as follows:
In 1S9O-'91 the defendant owned a lot on
Canton street, and opened and operated
quarry, excavating a great pit five or SIX
feet deep, seventy feet long and thirty five to
forty feet wide, and a portion of the pit
extended under the walk on Canton street.
For a long time before the occurrence
of the accident, by which the child, Clarence
Eugene lost his life, the pit had remained
unguarded. With it's floating boards and
RATS and its ducks and geese, it was very
attractive place for the children of that
part of the city, and, in fact, did entice
them to play there. The pit was contiguous
TO the walk and the banks were steep.
May 3, 1895, the boy, four years old, with
some other children, was walking along the
walk and stepped off to ledge by the side
of the water, where he played with his COM
panions. He fell into the water where it
was seven feet deep and was drowned The
demurrer admits all the material facts.
Judge Kelly says In his memorandum:
at may be said that the complaint in the
case at bar states facts sufficient to make
this pond nuisance and dangerous, not alone
TO children, but to adults using the street.
The child non sui juris being but Az
years old and unattended and while the child
did not fall from the sidewalk into the water,
but had gone upon defendants land it is
alleged it was lured off to the waters edge
by its childish curiosity or natural impulse,
fell in and was drowned. In the OMalley
case the turn-table (for an injury for which
defendant was held liable) was situate on
defendants land, in the center of block,
the nearest street being 125 feet away. The
child killed was six years old. In the Kettle
case the child was aged seven years, and was
technically trespasser, if such child can
ever be a trespasser in the real sense. In
neither case was the inhuman doctrine that
the land owner owes no duty of care to a
mere trespasser applied. On the contrary, it
is distinctly repudiated by our court, at least,
In cases of injuries to children. non sui juris
and, in my opinion, upon the highest grounds
of a reasonable responsibility and of true
humanity. The landlord may own the earth,
but he should not be permitted. knowingly,