Morse

This is an appeal from a judgment in favor of respondent for damages for the death of his minor son. The complaint is based upon the negligence of the appellants under the attractive nuisance doctrine.

Appellants were copartners engaged in the business of roofing houses by the use of water-proof paper and melted tar. On June 22, 1927, they were engaged in the work of roofing a dwelling-house being erected in a well built up residential district of the city of San Diego. They brought to the building a two-wheeled vehicle upon which was an iron vat in which tar was melted. Its wheels were about thirty-two inches in diameter and were connected by a straight axle. Upon this axle rested a platform which supported the vat under which was a fire-box. Extending from the axle and platform to the front was a tongue used to connect the trailer with the vehicle which furnished the motive power to draw the vat from place to place. The tongue was probably about six feet long. For about half its length it was built out in a prolongation of the platform, at which point it was bent upward at an angle. When the vehicle rested upon a level street the vat tipped forward, being supported by the…