Lee v. Georgia Forest Products Co.

Decision Date20 February 1932
Docket Number21256.
Citation163 S.E. 267,44 Ga.App. 850
PartiesLEE v. GEORGIA FOREST PRODUCTS CO.
CourtGeorgia Court of Appeals

Judgment Adhered to After Rehearing March 5, 1932.

Syllabus by Editorial Staff.

Whether owner of premises leaving dynamite caps thereon unguarded which child obtained, and which subsequently exploded injuring another child, was guilty of negligence proximately causing injury, held for jury.

One handling instrumentality of dangerous character must take exceptional precaution to prevent injury thereby, children being entitled to care proportioned to their ability to avoid such perils.

Owner of dynamite caps leaving them unguarded for however short an interval held not relieved of taking necessary precaution regardless of whether his servants intended to return shortly to such caps.

Error from Superior Court, Camden County; J. H. Thomas, Judge.

Suit by Robert Lee, by his next friend, against Georgia Forest Products Company. To review the judgment for defendant plaintiff brings error.

Reversed.

Emmett McElreath, of Kingsland, and S.C. Townsend, of Folkston, for plaintiff in error.

R. D Meader and Reese, Scarlett, Bennet & Highsmith, all of Brunswick, for defendant in error.

Syllabus OPINION.

STEPHENS, J.

Where the owner of premises left dynamite caps, which were dangerous explosives, in a box exposed and unguarded, beside a traveled private roadway on the premises, and easily accessible to children, who are attracted thereto, the dynamite caps at the time not being put to immediate use by the owner, and where a child eight years of age, who had come onto the premises with the owner's permission and while using the roadway, picked up some of the dynamite caps, the dangerous character of which was not known to him and carried them to his home, where his brother, a child four years of age, himself unaware of the dangerous character of the caps, was attracted to them by their bright color and undertook to play with them by rattling them in a tin bucket, and the caps exploded and injured him, the owner of the premises, in permitting the dynamite caps to be thus left, unguarded and exposed upon the premises by the roadside, under the circumstances, may have been guilty of negligence proximately causing the injuries to the child, and it may be inferable that the owner, in thus permitting the caps to be upon the premises, under the circumstances, was guilty of gross negligence and a wanton act. In a suit by the injured child against the owner of the premises to recover damages for the injuries thus sustained, the petition as amended set out a cause of action and was improperly dismissed on demurrer. Mills v. Central of Georgia Railway Co., 140 Ga. 181, 78 S.E. 816, Ann.Cas. 1914C, 1098; Wallace v. Matthewson, 143 Ga. 236, 84 S.E. 450; Terrell v. Giddings & Son, 28 Ga.App. 697, 112 S.E. 914.

Judgment reversed.

JENKINS, P.J., and BELL, J., concur.

On Rehearing.

STEPHENS J.

It is insisted in a motion for rehearing that the language contained in the syllabus, "the dynamite caps at the time not being put to...

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