United Zinc. & Chemical Co. v. Britt, 258 U.S. 268 (1922)

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United Zinc. & Chemical Co. v. Britt

No. 164

Submitted March 13, 1922
Decided March 27, 1922
258 U.S. 268

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

1. A landowner owes no general duty to keep his land safe for children of tender years, or even free from hidden danger, if he has not directly or by implication invited them there. P. 275.

2. A road is not an invitation to leave it elsewhere than at its end. P. 276.

3. Defendant owned a tract, on the outskirts of a town, on which was an open and abandoned cellar wherein water had accumulated, clear in appearance but dangerously poisoned with chemicals resulting from manufacturing operations formerly conducted there by the defendant. A traveled way passed within 120 feet of the pool and paths crossed the tract. Children came upon the land, entered the water, were poisoned and died. Defendant knew the condition of the water, but the pool, if visible to the children without trespass, was not proven to have caused their entry, nor were children in the habit of going to it. Held that no license or invitation could be implied, and that the defendant was not liable. P. 274.

264 F. 75 reversed.

Certiorari to a judgment of the circuit court of appeals, which affirmed a judgment against the above petitioner in an action brought in the District Court for Kansas, by the above respondents, to recover damages for the death of their two children. See Kans.Gen.Stats., 1915, §§ 7323, 7324.