Drinkwater v. Quaker City Cooperage Co.

Citations

• 208 Pa. 649
• 57 A. 1107
• 1904 Pa. LEXIS 820

Syllabus

<p>Negligence — Defective.door—Infant.</p> <p>In an action to recover damages for personal injuries to a child between three and four years of age, the evidence for the plaintiff tended to show that the injury was caused by the fall of a swaying door. There was proof that the door which fell was one of a pair of double doors hung on hinges swinging outward across the sidewalk; that it was old and dilapidated; that the upper hinge was loose, probably wholly detached, and by the action of the wind the door swayed back and forth at the top. Children, among them the plaintiff, were in the habit of playing on the sidewalk within reach of the door. Two children respectively eleven and fifteen years old at the time of the trial, and two years younger at the date of the accident testified that it was the defective door that fell on plaintiff. The evidence of the plaintiff himself when identifying the two doors by numbers seemed to designate the other door as the one which fell. The evidence, however, showed that this door had been closed for years, and could not have fallen. Held,, that the whole case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>