Klein v. Philadelphia

Supreme Court of Pennsylvania

Klein v. Philadelphia

72 A. 845, 223 Pa. 507, 1909 Pa. LEXIS 562

CourtSupreme Court of Pennsylvania

DecidedMarch 1, 1909

DocketAppeal, No. 114

StatusPublished

Cited by1 cases

This text of 72 A. 845 (Klein v. Philadelphia) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Klein v. Philadelphia, 72 A. 845, 223 Pa. 507, 1909 Pa. LEXIS 562 (Pa. 1909).

Pincite

Opinion

Per Curiam,

The plaintiff’s son, eight years old, while playing with a [508]*508companion of about the same age on a wharf constructed at the end of a street, fell into the Delaware river and was drowned. He had thrown hoops into the river and was standing either on the outer edge of the wharf or on a log that extended out over the water trying to reach the hoops with a stick, when he fell. There was evidence that the wharf was not in good condition, that the logs at the bulkhead had become decayed, and that the earth back of them had to some extent been washed away. But there was no evidence that the accident resulted from want of repair. The case made out by the plaintiff’s testimony imposed no liability on the city and a nonsuit was properly entered.

The judgment is affirmed.

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Per Curiam,

The plaintiff’s son, eight years old, while playing with a [508]*508companion of about the same age on a wharf constructed at the end of a street, fell into the Delaware river and was drowned. He had thrown hoops into the river and was standing either on the outer edge of the wharf or on a log that extended out over the water trying to reach the hoops with a stick, when he fell. There was evidence that the wharf was not in good condition, that the logs at the bulkhead had become decayed, and that the earth back of them had to some extent been washed away. But there was no evidence that the accident resulted from want of repair. The case made out by the plaintiff’s testimony imposed no liability on the city and a nonsuit was properly entered.

The judgment is affirmed.

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Bluebook (online)

72 A. 845, 223 Pa. 507, 1909 Pa. LEXIS 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-philadelphia-pa-1909.

Opinion

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