Henderson v. Continental Refining Co.

Citations

• 219 Pa. 384
• 68 A. 968
• 1908 Pa. LEXIS 583

Syllabus

<p>Negligence — Infant—Dangerous machine — Vacant lot — Permissive use of lot — Playground for children — Parents' duty.</p> <p>A corporation owned a vacant lot which the children of the neighborhood had been permitted to use as a playground. The lot was level with a road and was not fenced in. On the lot were two houses occupied by tenants of the company. The side door and porch of one house opened directly upon the lot, and opposite to this door was a gate entering the yard of another house. Between the door and the gate there had been a path. Near the path the company placed pumping machinery with revolving cogwheels. A boy seven years old went to call upon a friend at the house where the gate opened into the lot. Not finding his friend at home he passed through the gate into the lot, and in some way not explained was caught in the pumping machinery and killed. The evidence showed that the machinery was not inclosed or guarded, and that it was dangerous for anyone to come in contact with it while in motion. Held, in an action by the parents of the boy against the corporation owning the lot, that the case was for the jury, and that it was error to enter a nonsuit.</p> <p>Parents cannot be held guilty of contributory negligence, as a matter of law, merely because they allow a seven year old boy to go around by himself upon the streets in the vicinity of his home, or to visit a neighbor’s house. At most the question would be for the jury.</p>