NEGLIGENCE, § 26 — attractive nuisance, as not proximate cause of injury. In action for death of child, based upon attractive nuisance doctrine, lower court properly directed verdict for defendant, where evidence showed that defendant elevated railway company had placed keg of nails between rails, that such rails were protected by 4-foot fence, that child climbed over fence, got some nails, was startled by elevated train and tripped over third rail, because the thing which attracted the child, the keg of nails, was not the proximate cause of the injury, but his running and tripping over the third rail was the cause.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE HEBEL.
"Not to be published in full." Original opinion filed December 13, 1939; rehearing opinion filed April 10, 1940.