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Roberts & Roberts, David N. Rainwater, for appellant.

This case is an action for wrongful death. Robert Joel McKinsey, aged 16, was killed by a dynamite charge exploding in a booby-trapped cigarette vending machine on the premises of A. C. Wade, a liquor store operator in Cordele, Georgia. Ella Christine McKinsey, his mother, sued Wade for the wrongful death of her minor son.

Defendant admitted booby-trapping the vending machine with dynamite, but contended it was not for the purpose of killing the deceased. He contended the machine had been burglarized in the past, and he was merely attempting to scare the vandals. He made no test to determine what damage would be inflicted by activating the dynamite while in the vending machine.

Plaintiff admitted her minor son was in the act of committing a theft immediately before he was killed. She moved for summary judgment as to liability. The motion was denied, and plaintiff appeals.

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