Bradley
Bradley v. Thompson
Opinion
Lead Opinion
Finlayson, J.
Plaintiff, a boy eleven years of age, ■brought this actidn to recover damages for injuries alleged to have been caused by defendant’s negligence. He claims that his asserted right of recovery is justified by the doctrine of the turntable and attractive nuisance cases. Defendant demurred to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. The demurrer was sustained, judgment for defendant was entered accordingly, and plaintiff appeals.
The complaint alleges in substance the following: Plaintiff was injured as the result of the explosion of a dynamite cap which he had taken from a tin box found by him on defendant’s premises—a parcel of land about one-quarter of a mile north of the town of Moorpark, Ventura County, and upon which defendant intended planting apricot trees. A quantity of dynamite caps had been purchased by defendant for the purpose of blasting holes in his land in which to plant the trees. A number of the caps having been thus used by defendant, the unused ones were deposited in a brass colored tin box which defendant caused to be placed on one of the crossbeams, about three feet from the ground, which supported a…