Gaughan v. City of Philadelphia

Citations

• 119 Pa. 503
• 13 A. 300
• 1888 Pa. LEXIS 572

Syllabus

<p>A boy, seven years of age, climbing in play to reach an awning rod from the top of a pile of empty barrels kept upon the pavement in violation of a city ordinance, slipped and fell to the street and was so injured by one of the barrels falling upon him that he died. In an action by a parent to recover damages from the city for negligence in suffering the pile of barrels to remain:</p> <p>Held, that, as the improper use of the awning fixtures was the cause of the injury, and not the presence of the barrels upon the sidewalk, it was not error to order a compulsory nonsuit: Oil City & Petroleum Bridge Co. v. Jackson, 114 Pa. 321, followed.</p>