Wilford v. Little
California Court of Appeal
144 Cal. App. 2d 477, 301 P.2d 282 (1956)
- Written by Sharon Feldman, JD
Facts
Wallace Little (defendant) maintained a swimming pool on his property. At one end, a diving board extended over nine-feet-deep water. The pool was not fenced in. Little knew the pool could be seen by the young children who played on adjacent property. Four-year-old Christian Wilford, who was attracted onto Little’s property by the pool, was playing on the diving board and jumped or fell off and drowned. Christian’s parents (the Wilfords) (plaintiffs) sued Little for Christian’s death, alleging that Little was negligent in not properly enclosing the pool. Little’s demurrer to the amended complaint was sustained. The Wilfords appealed, claiming that the complaint stated a claim within the scope of the attractive-nuisance doctrine.
Rule of Law
Issue
Holding and Reasoning (Fourt, J.)
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