Goldstein v. Philadelphia School District

198 A. 863, 329 Pa. 71, 1938 Pa. LEXIS 474

Opinion

Per Curiam,

The minor plaintiff, 12 years of age, was injured while playing on the fire escape of one of the schools maintained by appellee. It appears the child tripped over a pile of books placed on the steps by other pupils during recess. Appellants contended that permitting the chil dren to place books on tbe fire escape as a daily babit and to use it for play, constituted a nuisance which tbe school district negligently permitted to exist.

Tbe court below properly concluded that tbe condition described by appellants’ witnesses did not constitute a nuisance. At most, tbe agents and servants of tbe school district were negligent in permitting tbe pupils to do tbe things related, and it is well settled that a school district is not liable for tbe ordinary negligence of its employees: Carlo v. Scranton School District, 319 Pa. 417.

Judgment affirmed.