Guilmartin v. Philadelphia

Citations

• 201 Pa. 518
• 51 A. 312
• 1902 Pa. LEXIS 875

Syllabus

<p>Negligence—Municipalities—TJnfenced lot—Infant—Unsafe gate. A city is not required to anticipate and guard against dangers to children which may result from the improper use of objects safe in themselves and for the use for which they are designed.</p> <p>Where a boy ten years old goes upon a lot owned by a city and open to the street on all sides, and climbs upon a gate which was the entrance to a driveway leading to a house which had formerly been a mansion house, and the gate falls under the boy’s weight and the boy is injured, the city is not liable, where it appears that the gate was safe if used properly, and that there was no danger of its falling if touched or run against.</p>