Millum v. Lehigh & Wilkes-Barre Coal Co.

Citations

• 225 Pa. 214
• 73 A. 1106
• 1909 Pa. LEXIS 637

Syllabus

<p>Negligence — Infant—Land used as playground.</p> <p>1. Where the owner of property invites or permits its use by the public as a common or for a playground or a picnic ground, it is the duty of the owner to use reasonable precaution to protect the public from the operation of dangerous machinery located thereon. Under such circumstances, a different duty is imposed upon the owner, from that required of him towards those who are merely trespassers upon his property.</p> <p>2. Where an owner of a lot of ground permits it to be used as a public common or children’s playground and operates on such land moving wheels and moving ropes for raising coal without any guard or barrier around them, and a little boy four and a half years old is found fast in one of the wheels, severely injured, the question of the owner’s negligence is for the jury.</p>