Magner v. Frankford Baptist Church
Supreme Court of Pennsylvania
Appeal, No. 146, July T., 1895, by plaintiffs, from judgment of C. P. No. 4, Phila. Co., June T., 1894, No. 975, entering nonsuit. Trespass to recover damages for personal injuries to a child seven years old. Before Wilson, J. The facts appear by the opinion of the Supreme Court. The court below entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This action was brought by the parents of a minor child to recover for the loss occasioned by his death. The child, who was under seven years of age, was allowed to go upon the street unattended, and wandered from the street upon a tract of land alleged to have belonged to one of the defendants, the Frank-ford Baptist Church, and fell into a quarry on land alleged to have belonged to, or to have been in the possession of, the other defendants, Barbour and Ireland. It is averred in the plaintiff’s statement that the boundary line between the two tracts of land was on…
2Cited by13 opinions
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- Winona Technical Institute v. StolteIndiana Supreme Court · 1909
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