Hernandez

This is an action for damages ■ for the death of the minor son of the plaintiff. At the close of plaintiff’s evidence, a motion for a nonsuit was granted by the trial court, and from the judgment which followed, this appeal is taken. The facts are not disputed and the only question presented is whether or not the case falls within the scope of the attractive nuisance doctrine.

Briefly stated, the facts are as follows: For more than eleven years prior to August 29, 1929, defendant had operated a plant in the city of Orange, California, situated along the tracks of the Santa Fe Railroad. As a part of its business, defendant iced refrigerator-cars as they stood upon the railroad track. This was done by means of an ice-loading platform about eight feet in width and eighty feet in length, and a chute leading from the platform to the top of the cars. There was a space of about three and one-half feet between the platform and the side of the car, and the platform was a few inches higher than the top of the car. The defendant had built a fence around the outer edge of the platform to keep the ice from falling off. In the process of icing cars, blocks of ice weighing about three hundred…