Lewis v. Mains

These two matters are considered together for convenience. One is a suit by a minor plaintiff for injuries. The other is a suit by her father for her medical expenses. In each, demurrer was filed to the declaration and overruled. Defendant's exceptions are before us. The declarations allege in substance that the father was an employee in defendant's sawmill. Defendant invited the father to come upon his land and erect a home for himself and his family, which he did. No deed, lease, or any definition of land area to go with the house is shown. On the same land of defendant was located his sawmill, and, about 200 feet from the house, a sawdust pile an acre in extent and reaching a height about equal to that of certain electric wires running to the mill at the crest of the pile. The minor climbed the pile along a well defined path, came in contact with the wires, and was injured. The plaintiffs contend that the declarations sufficiently allege that defendant violated a duty of care owed to the minor child as an invitee.