How have courts dealt with an incident where a child fell into a ditch excavated by a defendant for repair purposes?
California, United States of America
The following excerpt is from Reynolds v. Willson, 308 P.2d 464 (Cal. App. 1957):
See also Long v. Standard Oil Co., 92 Cal.App.2d 455, 207 P.2d 837, 842, where a four-year-old child fell into a ditch excavated by defendant for repair of its pipeline near a housing project and drowned. Muddy water had partially filled the excavation and a judgment for damages was sustained. It quotes the Comment on Clause (c) in Restatement of the Law of Torts above mentioned, page 925, where it is said:
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