Hornsby v. Henry
22 S.E.2d 326 | Ga. Ct. App. | 1942
The doctrine of the "turnable" or attractive-nuisance cases will not be extended to cover a case where an abandoned automobile truck, with a tank attached which contained gasoline, was left on the premises of an automobile service-station operator, even though children of tender years were known to have played on the premises and about the truck, *172 and a child, in so playing, struck a match near the gasoline tank, causing an ignition which burned another child and caused his death.
The facts stated in the petition, taken as true (as they must be when tested by general demurrer), fail to show negligence by the defendant. The court did not err in sustaining the general demurrer.
Judgment affirmed. Broyles, C. J., and MacIntyre, J., concur.