Archibald v. Jewell

Citations

• 70 Pa. Super. 247
• 1918 Pa. Super. LEXIS 222

Syllabus

<p>Negligence — Parent and child — Use of air gun by child — Permission of parent — Contributory negligence.</p> <p>The court cannot say, as á matter of law, that an irresponsible boy with the full knowledge of his father, may possess and use, as an innocent toy, a device loaded with fifty BB shot, capable of being discharged with such force as to destroy the eye of a human being at a distance of fifty or more feet. It cannot be the test that such an instrumentality can be declared to be a toy merely because the propulsive force that discharges the pellet was compressed air rather than gunpowder. The negligence of the father in knowingly permitting his son to possess and use such a device, is a question for the jury.</p>