Knight v. Kaiser Co.48 Cal.2d 778, 312 P.2d 1089

NATURE OF CASE: Appeal from judgment predicated upon sustaining of demurrer to third amended complaint without leave to amend in action to recover damages for death resulting from "attractive nuisance."

FACT SUMMARY: Knight (P), mother of decedent, a minor child, brought suit against Kaiser (D) for recovery based on the "attractive nuisance" doctrine, when P's son was asphyxiated in a sand pile on D's property after it collapsed on him.

CONCISE RULE OF LAW: In the absence of circumstances which bring a case under the "attractive nuisance" doctrine, an owner of land owes no other duty to a child trespassing on his premises than he owes to an adult trespasser.

FACTS: Knight (P) was the mother of decedent, ten years of age. Kaiser (D) owned and maintained premises on which it had placed or caused to be placed large piles of sand and gravel and, adjacent thereto, a large conveyor belt. No fences, guards or railings were placed around the piles or a portion of the conveyor belt. Children were in the habit of playing upon the piles and conveyor belt. Kaiser (D) knew (or should have known) that the existing conditions involved an unreasonable risk of death or serious bodily harm to children. On August 20, 1953, Knight's (P) son, while playing upon Kaiser's (D) premises and digging in one of the sand piles, was asphyxiated when it collapsed on him.

ISSUE: Does a sand pile constitute an "attractive

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