Weida v. Hanover Township

Citations

• 30 Pa. Super. 424
• 1906 Pa. Super. LEXIS 92

Syllabus

<p>Road law — Dedication—Plan of lots — Streets.</p> <p>Where a landowner lays out and records a plan of lots and sells the lots according to the plan, it will be presumed that he has dedicated to public use the streets included in the plan; and such streets will be deemed to have been accepted by the public if the public uses them or public money is spent upon them.</p> <p>Negligence — Municipalities—Infant-Street.</p> <p>Where a municipality permits a pool of water impregnated with acids to continue along the edge of a street without any intervening fence or barrier, and a child of tender age strays into the pool and is killed, the municipality will be liable in damages to the parents of the child. In such a case the finding of the body in the pool with the flesh badly burned by the acid justifies an inference that the child must have fallen into the pool, and that he could not struggle long against the deadly conditions that enveloped him.</p> <p>A mother cannot be charged as a matter of law with contributory negligence in permitting a child of tender years to escape from her house and stray to a dangerous spot in the immediate vicinity of the house, where it appears that, at the time, the mother was engaged in her household duties.</p>