Huff

The plaintiff was given judgment against the defendant District for damages resulting from serious burns alleged to have been caused by the negligence of the defendants. The School District has appealed upon the judgment.

The evidence shows that upon the school grounds, and about twenty feet from the steps leading into a lunch shed, was located what is termed by the parties an incinerator, in which “waste papers and trash accumulated on the grounds were disposed of.” This incinerator was in the form of an ordinary garbage can, “from thirty to thirty-six inches high.” There was a lid over the top and the sides were perforated with numerous round holes about the size of the average index finger. The can was located on a mound of ashes and rubbish about six to eight inches in height and about “six feet across.” It was in a portion of the grounds frequented by the school children. “The children had to go by there when they went to the playground. They passed there as they came out from the buildings.” “There were no protecting mechanical arrangements around the incinerator in any way.” The school grounds were about seven hundred by six hundred feet in area, upon which there were two…