Nichol v. Bell Telephone Co.

Citations

• 266 Pa. 463
• 109 A. 649
• 1920 Pa. LEXIS 591

Syllabus

<p>Negligence — Infants—Attractive appliance — Stringing wire on fence — Notice as to children — Probability that injury would result —Insurer of safety — Burden of proof.</p> <p>1. One is liable only for natural and probable consequences, such as might and should be foreseen, in the light of common experience, as likely to result from the act complained of.</p> <p>2. Owners and occupiers of real estate and those having the lawful right to use the same, are bound to exercise ordinary care with respect to the rights of children, as well as others on the property. The law demands due, reasonable and ordinary care; but, where an appliance, machine, structure or object, is not obviously or inherently dangerous, and has been in daily use, and has proved uniformly adequate, safe and convenient, it may be further continued without the imputation of negligence, although it might have been made safer at slight expense.</p> <p>3. Where the owner of land brings or permits thereon something of an artificial nature, which is both attractive and dangerous to children, he is bound to use reasonable care for their protection, but he is never held negligent for failure to anticipate injury to children or adults from appliances not dangerous nor likely to become so.</p> <p>4. Although an infant plaintiff’s tender age precludes contributory negligence in an accident case, yet the infant cannot establish its case, except by proof of negligence on part of defendant.</p> <p>5. In an action against a telephone company to recover damages for injuries to a child five years old, sustained from a fall, caused by his tripping on a telephone wire strung by defendant along an iron fence separating the premises of the child’s father from an adjoining property, a nonsuit is properly entered, where it appears that the fence in question was one known as a “hairpin fence” about three feet high; that defendant, under a contract with the adjoining owner, had established a telephone in his house, which