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· 11/21/1905

Addis v. Hess

Citations

  • 29 Pa. Super. 505
  • 1905 Pa. Super. LEXIS 366

Syllabus

<p>Negligence — Infant—Piling lumber on highway — Contributory negligence of parent.</p> <p>Where a builder under a permit from the city authorities piles building materials on the cartway of an asphalted street, in so negligent a way that the pile falls and kills a boy four years old who is playing on the sidewalk, the builder will be liable in damages for the death of the child.</p> <p>In such a case where it appears that the father of the child was a workman, practically unable to exercise direct and immediate control of the actions of his children, and that at the time of the accident the boy was playing with other children, and with a sister seven or eight years of age, and that the child was not on the cartway, the father cannot be convicted of contributory negligence.</p>

Judges: Beater, Beaver, Henderson, Morrison, Orlady, Porter, Rice

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