
    MR. & MRS. BELLOT LECOINTE v. HUGO L. SCHYUNBERG, AGNES PETERSEN, ARTHUR PETERSEN, CUTHBERT PETERSEN, ELISHA DANIEL, JULA CUMMINGS, CAMELLA PETERSEN, ARTHUR PETERSEN, Appellant
    No. 17,235
    United States Court of Appeals Third Circuit
    Argued January 28, 1969
    Decided February 6, 1969
    
      See, also, 6 V.I. 93; 407 F.2d 59
    
    Frank Padill, Esq., Frederiksted, St. Croix, Virgin Islands, for appellant
    
    James, Hodge & Tonkin, Christiansted, St. Croix, Virgin Islands (Ronald H. Tonkin, Esq., of counsel), for appellee
    
    Before FREEDMAN, VAN DUSEN and ALDISERT, Circuit Judges
    
   OPINION OF THE COURT

PER CURIAM:

In this action for wrongful death brought under 5 V.I. Code, Section 76, the learned trial judge held the defendants liable under the doctrine of attractive nuisance as defined in Section 389 of the Restatement of Torts, Second, which by 1 V.I. Code, Section 4, is the governing law in the Virgin Islands in the absence of local law to the contrary.

The evidence, which we have fully reviewed, supports the finding that the death of plaintiff’s three-year old son was the proximate result of the negligence of the defendants in the maintenance on their premises of the cistern in which the child was found drowned.

The learned trial judge, in awarding damages, adhered to the rule of Williams v. Dowling, 4 V.I. 465, 318 F.2d 642 (C.A.3, 1963). The award is within the allowable range and we cannot declare it excessive.

The judgment of the District Court will be affirmed.  