Balser v. Young

Citations

• 72 Pa. Super. 502
• 1919 Pa. Super. LEXIS 355

Syllabus

<p>Negligence — Permissive use — Lumber pile — Children playing near — Injury caused by falling lumber — Oase for jury.</p> <p>In an action to recover damages for the death of a minor child the ease is for the jury and a verdict for the plaintiff will be sustained, where the evidence establishes the fact that the child was killed by the falling of heavy boards or planks from the pile of lumber which she was passing, while playing on the property of the defendant. Where there was evidence, although contradicted, that the lumber yard had been used as a playground by the children of the neighborhood for a considerable number of years, the question was for the jury to determine whether or not the playground had been used with the permission and consent of the defendants.</p> <p>Where the evidence establishes the fact that the deceased child had gone a short distance from her home to the defendant’s yard, where she and other children of the neighborhood played after working hours, and that while passing a lumber pile, without any fault on her part, she was caught and crushed to death by heavy planks, which had been negligently and carelessly placed there by the defendants’ workmen, the casej^as-fpr the jury, and the court did not err in refusing to give binding instructions in favor of the defendant.</p>