Gillespie v. McGowan
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term 1882, No. 170. Case, by Joseph McGowan against John Gillespie and Thomas Gillespie, to recover damages for the death of his son Joseph. McGowan, Jr., a boy seven years and ten months old, wlio was drowned in a well upon the defendant’s land. The plaintiff averred that the well being in proximity to a public highway the defendants negligently left it uncovered and unguarded.
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Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term 1882, No. 170. Case, by Joseph McGowan against John Gillespie and Thomas Gillespie, to recover damages for the death of his son Joseph. McGowan, Jr., a boy seven years and ten months old, wlio was drowned in a well upon the defendant’s land. The plaintiff averred that the well being in proximity to a public highway the defendants negligently left it uncovered and unguarded. On the trial, before Ludlow, P. J., there was no dispute as to the material facts, which were as follows : Prior to 1872 a large tract of…
1Opinion of the CourtJustice Paxson
The defendants below were the owners of a field near Long Lane, in the southern part of the city of Philadelphia. This field had formerly been used as a brick-yard, but the brick-clay having been exhausted, it had long since ceased to be used for such purpose and was lying out in commons. The surface, as is usual in abandoned brick-yards, was uneven, and in one portion of it there was a well of water about six feet in diameter and twelve feet deep. This well was constructed originally for purposes of drainage as well as to supply water for brick making. The field was not inclosed nor wras…
2Cited by44 opinions
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- Cooper v. ReadingSupreme Court of Pennsylvania · 1958
- Branan v. WimsattCourt of Appeals for the D.C. Circuit · 1924
- Heller v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1920
- Bass v. Quinn-Robbins Co.Idaho Supreme Court · 1950
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