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Knight v. Kaiser Co.
California Supreme Court
48 Cal. 2d 778, 312 P.2d 1089 (1957)
- Written by Sharon Feldman, JD
Facts
Kaiser Co. (defendant) maintained sand piles and a conveyor belt on its premises. Ten-year-old Johnny Bass Jr. was asphyxiated when a sand pile on which he was playing collapsed on him. Bass’s mother, Helen Knight (plaintiff) sued Kaiser for damages, alleging that there were no fences or railings around the piles, children habitually played on the piles, and Kaiser knew or should have known the condition involved an unreasonable risk of harm to children playing on the piles. Knight did not allege that the conveyor belt caused or contributed to Bass’s death. The court sustained Kaiser’s demurrer to the third amended complaint. Knight appealed.
Rule of Law
Issue
Holding and Reasoning (McComb, J.)
Dissent (Traynor, J.)
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