Barthold v. Philadelphia

Citations

• 154 Pa. 109
• 26 A. 304
• 1893 Pa. LEXIS 850

Syllabus

<p>Negligence — Municipality—Infant—Public grounds.</p> <p>In an action against a municipality to recover damages for the death of plaintiff’s son, a boy eleven years old, it appeared that the boy was drowned in a pool or well upon ground acquired by the city some six months before the accident. The well was open of access to persons of all ages, the wall inclosing it being lower than the surrounding surface. Plaintiff’s sou came to the pool to wash his shoes, and sat down upon a stone which was part of or was lying upon the wall. The stone tipped under his weight, and he fell backward into the water, and was drowned. The stone on which he sat fell at the same time into the pool. Held, that the question whether the city exercised proper care in leaving the pool for six months in the condition described, open to the access of children, in the public grounds, was a question of fact for the jury.</p>