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DEHN v. S. BRAND COAL & OIL CO.

Nos. 36,059, 36,060.

241 Minn. 237 (1954)

RICHARD F. DEHN, A MINOR, BY RICHARD R. DEHN, HIS FATHER AND NATURAL GUARDIAN, v. S. BRAND COAL & OIL COMPANY. CITY OF ST. PAUL, ADDITIONAL DEFENDANT. RICHARD R. DEHN v. SAME. JAMES C. LACHOWITZER, A MINOR, BY GEORGE P. LACHOWITZER, HIS FATHER AND NATURAL GUARDIAN, v. SAME. GEORGE P. LACHOWITZER v. SAME.

Supreme Court of Minnesota.

February 19, 1954.

Attorney(s) appearing for the Case

Timothy P. Quinn, Corporation Counsel, and Marshall F. Hurley, Assistant Corporation Counsel, for appellant city of St. Paul.

Charles H. Weyl, for appellant S. Brand Coal & Oil Company.

Carlson & Wiblishauser, for respondents.

THOMAS GALLAGHER, JUSTICE.

These are actions for damages for injuries sustained September 25, 1950, by James C. Lachowitzer and Richard F. Dehn, minors, each of the age of 12 years at the time of the accident. The accident occurred on property owned by defendant S. Brand Coal & Oil Company and formerly leased to the city of St. Paul for a public dump, when the boys fell through its surface crust and were burned by hot ashes or fire smoldering beneath such surface...

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