Feehan v. Dobson

Citations

• 10 Pa. Super. 6
• 1899 Pa. Super. LEXIS 232

Syllabus

<p>Negligence — Infant as trespasser — Parent's duly.</p> <p>A child of tender years may be a trespasser and be subject to the consequence of his trespass.</p> <p>If a parent permits a child of tender years to wander off to places of known danger and by reason thereof an accident occurs, he has no just claim to make others bear the consequences of his own neglect.</p> <p>Defendants deposited refuse ashes and cinders on an outlot surrounded by a wall entered by one gateway opposite théir mill. Children, including those of plaintiff, had been accustomed to visit the lot to gather coal, but whenever noticed they had been driven off as trespassers. A six years old child visiting the yard for purpose of taking coal stepped upon a hot ash heap and was injured. The child had been there before with knowledge of the parent who used the coal procured from such visits. Held, That plaintiff was not entitled to a verdict on such evidence. Hydraulic Works v. Orr, 83 Pa. 332, and Schilling v. Abernethy, 112 Pa. 437, distinguished.</p>