Saar v. American Glass Specialty Co.

Citations

• 55 Pa. Super. 282
• 1913 Pa. Super. LEXIS 358

Syllabus

<p>Negligence — Infant—Burning rubbish — Evidence.</p> <p>In an action by a child six years of age against a company operating a glass factpry, it appeared that the child was severely burned when her clothing ignited from a fire kindled by the employees of the defendant upon a lot in rear of its factory for the purpose of burning waste paper and rubbish from the office and the factory. The fire had been burning for some time when the child wandered upon the premises of the defendant, and approached the fire. No one saw how the accident happened. When first seen by any witness the child was lying in the edge of the burning rubbish and her clothing was then burning. There was no public highway within several hundred feet of the point where the fire was burning, although there was a few feet away, upon the private property of an adjoining owner, a path which was used by the employees of other companies in going to and from their work. There was nothing to show that the defendant had done anything from which an invitation to others, or to the public to use this property could be inferred, or that the property had been used as a public playground or common. Held, that the plaintiff was not entitled to recover.</p>