Kessler v. Berger

Citations

• 205 Pa. 289
• 54 A. 887
• 1903 Pa. LEXIS 562

Syllabus

<p>Negligence — Use of highway — Pedestrian—Nuisance—Pile of timber.</p> <p>While the use of a highway is for passage, that does not prevent the pedestrian from making such stops thereon as business, necessity, accident, or the ordinary exigencies of travel may require. He may not use it as a play ground or for any similar purpose to the extent that it would deny the public the right of transit over it, but that does not deprive him of the right to stop on the street for a reasonable time when illness or fatigue requires it and his stopping does not interfere with or inconvenience other persons in the use of the street.</p> <p>Where a person piles lumber in a street for no purpose authorized by law, and in such a manner as to make it dangerous, and a boy on his way home from a game of ball sits down near the pile to rest, and the pile without fault on his part falls upon him and injuries him, the person so piling the lumber is liable for the injuries.</p>