Gralka v. Worth Bros.

Citations

• 245 Pa. 467
• 91 A. 860
• 1914 Pa. LEXIS 899

Syllabus

<p>Negligence — Infants—Dynamite—Explosion—Evidence — Judgment for defendant n. o. v.</p> <p>In an action to recover damages for personal injuries sustained by plaintiff, a Seven year old child, in consequence of the explosion of dynamite alleged to have been negligently left by defendant’s servants in an open shanty in which plaintiff and his companions were playing, the court erred in refusing defendant’s- motion for judgment n. o. v., where it appeared that the explosion, which occurred in January, 1913, was caused by dynamite left in a paper box; that prior to June, 1912, defendant company had used dynamite in constructing a road beside which the shanty was built, and during that month dynamite in a wooden box wag seen in the shanty by defendant’s servants; that between June, 1912, and the date of the accident, dynamite had not been used by the defendant and there was no evidence to connect the dynamite seen in the wooden box In June, 1912, with the dynamite which caused the accident; where it-further appeared that the shanty was frequented by children and other persons not in the defendant’s employ.</p>