...— Child trespasser — Restatement, Torts. 1. A possessor of land is not subject to liability for bodily harm to young children trespassing thereon caused by a natural condition which he maintains upon the land. [628] 2. Restatement, Torts, § 339, distinguished...and was drowned. Plaintiffs base their claim on Restatement of Torts, § 339. That section provides: "A possessor of land is subject to liability for bodily harm to young children...that evidence it is clear that defendant was not maintaining an artificial condition on her land within the meaning of § 339. She was...

...rationale of the Restatement of Torts, § 339 has taken firm roots in our jurisprudence." (28 N.J. at page 9.) That section states... , 233 ( App. Div. 1955) that: "An examination of section 339 of the Restatement of Torts indicates it is part of a comprehensive scheme for formulation of the...trespasser if the landowner knows or should know that children are likely to trespass ( Restatement of Torts, sec. 339(a)); and that a structure or other artificial condition on landowner's property...

...development of the attractive nuisance doctrine, and noticed that several states do not recognize it. The court further indicated its acceptance and approval of the Restatement of Torts, § 339, which it...the Restatement of Torts, § 339, and to refer to Selby v. Tolbert, supra. We called attention to the rule that cases are to be construed on a basis of the facts involved therein, and that the manner of.... Indeed, there is no proof that any children ever were around the airport. Appellee argues that this case does not fit within the provisions of Restatement of Torts, § 339, which for...

...Restatement of Torts § 339 (2d ed.). Summary judgment was granted accordingly...." Restatement, Torts § 339 (2d ed.) provides: "A possessor of land is subject to liability for physical harm to...25 Del. C. § 1501 and the Restatement of Torts § 339 (2d ed.) should not have been granted to these defendants. Schorah v. Carey, supra...

.... Texas' attractive-nuisance doctrine is based upon the Restatement of Torts § 339, rather than the Restatement of Torts (Second). We will follow Texas Supreme Court precedent and express no opinion on whether the Restatement (Second) should be adopted. See Massie v. Copeland, 149 Tex. 319, 233 S.W.2d 449, 451 (1950). RESTATEMENT OF TORTS § 339 (1934...TRESPASSING Citing a comment to section 339(a) of the Restatement (Second) of Torts, TU asserted that, unless and until it received notice that children had been climbing on...barricade to determine such fact. See RESTATEMENT (SECOND) OF TORTS § 339 cmt. a (1966). TU attached summary-judgment evidence establishing that it had not received any reports of unauthorized persons...

.... [268] 2. Restatement, Torts, section 339, cited. [268-9] 3. In an action for wrongful death, in which it appeared that the decedent, a six-year-old child, climbed on top of defendant's...unguarded machinery, live wires, pits or open trap doors. This distinction results from one of the conditions of liability set forth in the Restatement of Torts, § 339, clause (c), that "the children...— Condition — Children — Known danger — Restatement, Torts. 1. The duty of a possessor of land to trespassing young children, to keep the land free from artificial conditions...

.... 286, 290, 390 S.W.2d 683, citing Restatement of Torts § 339; Gatlinburg Construction Co. v. McKinney..., Defendant-Appellee. No. 18738. United States Court of Appeals, Sixth Circuit. April 10, 1969.... PHILLIPS, Circuit Judge. This case arose as a result of an injury to a thirteen-year old boy who fell beneath a freight train in...

...states. Green, supra, 21 Mich. L. Rev. 495, at pp. 505, 506. Its incorporation (and refinement) in the Restatement of Torts (§ 339) in 1934 expedited its recognition. See...freedom in the use of land. Restatement of Torts, section 339. Vide Prosser on Torts, 613, 624; 21 Michigan Law Review, 495. The particular relation gives rise to a..., Torts, § 339(a), and the foreseeability of an unreasonable risk of harm, Restatement, Torts, § 339(b). No inflexible rule can be set forth concerning the prophylactic measures which must be taken in a particular case. "The measure of duty...

...child-trespasser for personal injuries from contacting electrical wires on a 20-foot utility pole. Plaintiff submitted his case under § 339, Restatement of Torts, the modification of the attractive...allurement has now been eliminated. Missouri now follows Restatement of Torts, 1st, § 339, which bases liability on the foreseeability of injury...during the six years after it had abandoned its telephone line. Plaintiff bases this argument on the Restatement of Torts (1st) words of § 339(b) concerning a condition which the possessor knows or...

...Restatement of Torts § 339 (2d ed.). We approve the rule of that section which is accepted by the great majority of American courts and which reads as follows...: "§ 339. Artificial Conditions Highly Dangerous to Trespassing Children A possessor of land is subject to liability for physical harm to children trespassing thereon...assume for purposes of this appeal that the minor plaintiff was a trespasser. We reach only the § 339(c) issue and do not decide if the other provisions of § 339 are satisfied...

...Court of Appeals stated that New Mexico has adopted the formulation of the attractive nuisance theory expressed in the Restatement (Second) of Torts § 339 (1965) and determined that this "judicially...). The name turntable doctrine was derived from Stout. The Restatement (Second) of Torts § 339 is entitled, "Artificial Conditions Highly Dangerous to Trespassing Children." Although a "misnomer," the designation "attractive nuisance" is used by many courts, including those in New Mexico. See Restatement (Second...Court incorporated the principles pertaining to the attractive nuisance doctrine from the first version of the Restatement of Torts § 339 (1934) in Selby...

...( 125 S.E.2d 682) (1962). This view was adopted generally in the 1934 Restatement of Torts and modified in the Second Restatement of Torts, § 339, 1965. These principles are discussed in the...children." Restatement § 339 (e). The results reached in the opinions in Odom and Oliver would not be inconsistent with the Restatement because the erection of a fence or other enclosure...( 109 S.E.2d 782) (1959). The frequency with which the courts of this state have declined to follow Ferguson has been criticized. Torts — The Attractive...

...served materially. The Restatement of Torts, § 339, has been influential. The subject of discordancy bore the name "turntable doctrine," its descendants have been called...in a substantial alliance with § 339 of the Restatement of the Law of Torts. Our Supreme Court has announced: "And the general rule of liability covers..., and the condition involves an unreasonable risk of death or serious bodily injury to the trespassing child, the possessor of the land is liable. Restatement of Torts, section 339. Habitual...

...is slight as compared to the risk of young children involved. Restatement of Torts, § 339; Klaus v. Eden, 70 N.M. 371..., 47 Cal.L.Rev. 429, Restatement on Torts, § 339, Comment (b). The effect of the majority opinion is to practically make a landowner an... KENT SAUL, A MINOR PERSON, BY HIS NEXT FRIEND AND FATHER WILLIAM H. SAUL, AND WILLIAM H. SAUL, PLAINTIFFS-APPELLEES, v. THE ROMAN CATHOLIC CHURCH OF THE ARCHDIOCESE OF...

...doctrine of attractive nuisance are set out in the Restatement of Torts, § 339, cited with approval by this court in Banks v. Mason, Fla.App. 1961, 132 So... RIDGEWOOD GROVES, INC., APPELLANT, v. JAMES A. DOWELL, FATHER AND ADMINISTRATOR OF THE ESTATE OF RICKY PAUL DOWELL, A MINOR, DECEASED, AND ROBERTA L. DOWELL, HIS WIFE..., MOTHER OF RICKY PAUL DOWELL, APPELLEES. Nos. 6075, 6076. District Court of Appeal of Florida, Second District. August 5, 1966...

...their argument thereto, we treat first Shop-Rite's alleged liability to Christine as a trespasser under the rule set forth in 2 Restatement of Torts 2 d, § 339, p. 197 (1965.... Tool Co., Inc., supra, at p. 348; 2 Restatement of Torts, § 339, comment (j); Prosser, op. cit., § 59, p. 381. For the same reason.... Berger v. Shapiro, 30 N.J. 89, 99 (1959); 2 Restatement of Torts, § 342, p. 210; Taneian v...

...the Restatement of Torts, § 339, as follows: "A possesor of land is subject to liability for bodily harm to...facets of the rule expressed in Restatement § 339. There is no merit to the contention that the defendant James Julian... PATRICK J. BEASTON, administrator of the estate of Elizabeth Anita Beaston, minor deceased, PATRICK J. BEASTON and ANITA H. BEASTON, Plaintiffs, v. JAMES JULIAN, INC...

.... Corcoran v. Village of Libertyville, 73 Ill. 2d 316, 327 (1978), quoting Restatement of Torts § 339, Comment j, at 203 (1965...mart Corp., 136 Ill. 2d 132, 147 (1990). According to section 343A of the Restatement (Second) of Torts, cited with approval in Ward...the possessor should anticipate the harm despite such knowledge or obviousness." Restatement (Second) of Torts § 343A(1) (1965). For example, reason to expect harm from a known or obvious danger may...

...obvious even to children and the risk of which is fully realized by them. [610-2] 5. Restatement, Torts, section 339, cited. [610] Argued October 6, 1942. OPINION BY MR. JUSTICE DREW, November 23, 1942: Plaintiffs brought this action of trespass.... Reading Co., 343 Pa. 585, where, speaking through Mr. Justice MAXEY, we quoted from the Restatement of Torts, § 339, which sets forth in clause (c) as one of the conditions of liability the.... 318; Seltzer v. Phila. R. Ry. Co., 69 Pa. Super. 309; Restatement of Torts, § 341, comment b. Cf. McCallister v...

..., 21 So.2d 353; May v. Simmons, 104 Fla. 707, 140 So. 780. Cf. Restatement of Torts, § 339(d.... Under the heading "Artificial Conditions Highly Dangerous to Trespassing Children" the Restatement of Torts includes as one of the tests of liability the fact that "the children because of their youth do not discover the condition or realize the risk involved in intermeddling in it or in coming within the area made dangerous by it." Restatement of the Law of Torts, § 339(c... Roberta HOWARD, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, Appellee. No. 15682. United States Court of Appeals...