Fleming v. Kravitz

Citations

• 260 Pa. 428
• 103 A. 831
• 1918 Pa. LEXIS 540

Syllabus

<p>Negligence — Child playing with toy air gun — Discharge of match from gun — Injury to playmate — Liability of parent — Nonsuit.</p> <p>In an action against the father of a six-year-old boy to recover for injuries to plaintiff’s son resulting from defendant’s son discharging from a toy air gun an ordinary match, which for some undisclosed reason was in the barrel of the gun, a compulsory non-suit was properly entered where the only negligence alleged was in permitting the boy, immature and inexperienced as he was, to be in possession of such a plaything after defendant had received warning from several persons who knew no more than he himself did, that danger of accident attended such indulgence on his part.</p>