Clinton v. Gunn-Willis Lumber Co

In Clinton v. Gunn-Willis Lumber Co., 77 Ga. App. 643, 646-652 (2) (49 SE2d 143) (1948), a minor was killed when he came into contact with an uninsulated power line suspended above a sawdust pile maintained by the defendant lumber company. Id. at 644-645. The plaintiffs alleged that the company was aware that children routinely came onto the property and played on the sawdust pile under the power line, yet had continued to add to the sawdust pile to the point that the top of it came within four-and-one-half feet of the power line. Id. The Court held that the plaintiffs had stated a viable premises liability claim, because if the company was aware of the custom of children coming onto the property and playing on the sawdust pile near the power line, it was bound to anticipate the presence of the victim there. Id. at 646-652 (2).