Philip was a 10-year-old boy. Maccowas a company that sold new and used machinery. Macco stored discardedmachinery, pending sale for scrap, on a large vacant area it owned. Thisarea was unfenced and was one-quarter mile from the housing developmentwhere Philip lived. Macco knew that children frequently played in the areaand on the machinery. Philip's parents had directed him not to play onthe machinery because it was dangerous.
One day Philip was playing on a press in Macco's storage area. The presshad several wheels, each geared to the other. Philip climbed on the largestwheel, which was about five feet in diameter. Philip's weight caused thewheel to rotate, his foot was caught between two wheels that were set intomotion, and he was severely injured.
A claim for relief was asserted by Philip through a duly appointed guardian.Macco denied liability and pleaded Philip's contributory fault as a defense.