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McGETTIGAN v. NATIONAL BANK OF WASHINGTON

Civ. A. No. 1313-58.

199 F.Supp. 133 (1961)

Gertrude McGETTIGAN, Individually and as mother and next friend of Charles S. McGettigan, a minor, Plaintiffs, v. NATIONAL BANK OF WASHINGTON, a corporation, and Fred A. Smith Company, Defendants.

United States District Court District of Columbia.

November 20, 1961.

Attorney(s) appearing for the Case

Paul R. Connolly, Washington, D. C., for defendants, for the motion.

Harry W. Goldberg, Washington, D. C., for plaintiffs, opposed.

HOLTZOFF, District Judge.

This case involves a phase of that aspect of the law of negligence that is picturesquely denominated as the doctrine of "attractive nuisance". The action is brought in behalf of a little boy, who was badly injured by a flare picked up by his brother on premises owned by one of the defendants and managed by the other as agent. The flare was carried to the plaintiff's home and injured him while he was playing with its contents. The defendants...

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