Milligan v. Bell Telephone Co.
Citations
- 62 Pa. Super. 197
- 1916 Pa. Super. LEXIS 386
Syllabus
<p>Negligence — Telephone company — Junction box — Infant.</p> <p>A boy seven years of age who runs in sport through a private alley, in which neither he nor his parents had any right and strikes his head against a metal junction box, and injures himself, is not entitled to maintain a judgment on a verdict in his favor, where it appears that the alley had been generally used by the public without objection from those having the legal right to its use, that the box had been placed on a fence along the alley with the permission of the owner of the fence, that it was securely fastened to the fence at such a height that the bottom of it was three feet and ten inches from the pavement of the alley, and that, at that height it projected four inches from the surface of the fence into the open way.</p>
Judges: Bice, Head, Henderson, Kephart, Orlady, Porter, Trexler
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