Reports of Cases Determined in the Appellate Courts of Illinois Volume 189 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...fear that they would get my little boy up there"; that she hung her clothes on the roof when she first lived in the building, but quit on account of her children. Passing for the present the question whether the facts bring the case within the doctrine of the "turntable" or "attractive nuisance" cases under which it is held that the maintenance of a dangerous thing attractive to children under certain circumstances may amount to an invitation to them, so that they cannot be regarded as voluntary trespassers, we do not think that from the facts proved the jury might properly draw the inference that any of the tenants used the roof as a playground or breathing place by the invitation or with the knowledge or consent of the defendants, or that the defendants were guilty of an actionable breach of duty to the plaintiff in failing to keep the roof in safe condition for a child of his age to go on. It remains to consider whether the judgment can be sustained under the doctrine of the "turntable" or "attractive nuisance" cases. The rules in such cases are very fully stated in McDerm0tt 12. Bu-rke, 256 I11. 401. In that case it was held that the owner or occupant of private grounds is under no obligation to keep them in any particular condition to promote the safety of trespassers, bare licensees or others who come upon them without any express or implied invitation; and this general rule applies equally to adults and children; that in Illinois if the owner or occupant of premises leaves a dangerous machine or thing exposed under such conditions that it may reasonably be anticipated that children of such tender age as to be incapable of exercising proper care for their safety may, by their own...