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Full-Text Articles in Law
Nuisance In A Nutshell, Howard L. Oleck
Nuisance In A Nutshell, Howard L. Oleck
Cleveland State Law Review
Nuisance is a word, and a legal phenomenon, of vague and conflicting nature. It refers to a liability rather than to an act. This article essays to summarize the modern law of nuisance, briefly, and without detailed attempts to indicate the latest points of evolution of the law on the subject.
Is The Attractive Nuisance Doctrine Outmoded, Robert M. Debevec
Is The Attractive Nuisance Doctrine Outmoded, Robert M. Debevec
Cleveland State Law Review
The history of the "attractive nuisance" rule shows that it stemmed from the turntable cases because the courts felt that an owner of a contrivance of this nature was negligent in not keeping it locked when he realized that small children would play on it. From this shaky proposition of law was built the even shakier structure of the "attractive nuisance." There was no longer any question of the owner failing to repair a lock on a turntable, but the mere fact that the instrumentality or appliance was there became enough to find the owner liable towards trespassing children. The …