Carpenter v. Miller & Son

Citations

• 232 Pa. 362
• 81 A. 439
• 1911 Pa. LEXIS 727

Syllabus

<p>Negligence — Explosives—Dealer in fireworks — Depositing refuse on dumping ground — Children—Proximate cause — Intervening act.</p> <p>1. A wholesale dealer in fireworks who has the refuse accumulating at his place of business put into barrels and deposited on a dumping ground, paying the lessee of the ground for the privilege, is not liable in damages to a twelve year old boy who goes on the dumping ground, picks out of the deposit a piece of fireworks, carries it to his home some distance away, and later in the day, after dark, lights it, and is injured by a resulting explosion.</p> <p>2. In an action to recover damages for personal injuries the plaintiff is not entitled to a recovery where the injury could not reasonably have been contemplated as the result of any act of the defendant but resulted from an independent, intervening act of the plaintiff.</p>