DREW, Chief Justice.
In this tort action the appellant, a 2 1/2 year old child, sought damages for injuries sustained when he fell into a hold 6' x 5' x 6' existing on land of another. He alleged among other things that the appellee dug the hole to install a septic tank pursuant to a contract for that with the owner of the land and negligently left the same wholly unprotected for several weeks with notice or knowledge that small children were attracted thereto.
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