Juntti v. Oliver Iron Mining Co.
| Decision Date | 06 December 1912 |
| Docket Number | 17,965 - (66) |
| Parties | ABRAHAM JUNTTI v. OLIVER IRON MINING COMPANY |
| Court | Minnesota Supreme Court |
Action in the district court for St. Louis county by Abraham Juntti for the benefit of his minor son, to recover $5,000 for personal injuries. From an order, Dancer, J., overruling defendant's demurrer to the complaint, it appealed. Affirmed.
Negligence -- complaint sufficient.
The complaint alleges in effect that the defendant left unguarded large quantities of carbide, a dangerous substance and attractive to children of tender years, on its premises near a public street, knowing that such children were accustomed to pick up the carbide, pour water upon it, whereby gas was generated, and then explode it by applying a light; that the plaintiff's son, five years old, secured some of the carbide so left by defendant, put it in a can, poured water on it, and in attempting to light the gas an explosion followed, whereby he was seriously injured. Held, that the complaint states facts sufficient to constitute a cause of action.
Paul H Welch, for appellant.
William E. Culkin and John E. Samuelson, for respondent.
This is an appeal from an order of the district court of the county of St. Louis overruling the defendant's demurrer to the complaint.
The action was brought by the plaintiff, for the benefit of his minor son, who, at the time of his injury by the alleged negligence of the defendant, was between five and six years old. The complaint, so far as here material, alleges in substance that at the times therein stated the defendant was engaged in the mining of iron ore at the city of Eveleth this state, and used for the purpose of artificial lighting a substance known as carbide, which, when used in connection with water, produces vapors and gases of a highly inflammable character, and, when brought in contact with fire in any way, will explode, and is a highly and extremely dangerous substance. It is also, by reason of the gases and vapors that form from it when coming in contact with water, and the fact that, when fire is communicated to such gases in any way, it will burn and explode, highly attractive, alluring, and tempting to children of tender years, and extremely dangerous to them. Such children were in the habit of picking up the carbide so left exposed and unguarded, which they would place in cans and pour water upon for the purpose of producing gases, to the end that fire might be communicated to it whereby explosions would be created, all of which was well known to the defendant prior to the injury of the plaintiff's minor son. On and prior to October 6, 1911, the defendant carelessly and negligently allowed large quantities of carbide to be thrown and left by its employees upon its premises, and also in, upon, and near a public street of the city, wholly exposed and accessible to children of tender years, without guard of any kind, which was easily observed by them when in the street for play. On October 6, 1911, the plaintiff's minor son and a comrade of about his own age were playing in the street, and picked up...
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