Dolena v. Pittsburgh Terminal Coal Co.

Opinion by

Mr. Justice Schaffer,

This appeal is by the plaintiffs from the refusal of the court below to take off a nonsuit in an action of trespass brought to recover damages for the death of their seven-year-old son, who was drowned in a water tank belonging to defendant and located upon the mining property operated by it.

The tank was twenty feet high and about the same distance in diameter. The water stored in it was used by defendant in its mining operations. The tank was located near the tipple.

It was shown that boys living in the neighborhood had been swimming in the water contained in…