Green v. West Penn Railways Co.
Supreme Court of Pennsylvania
Appeal, No. 257, Jan. T., 1913, by plaintiffs, from judgment of C. P., Fayette Co., Sept. T., 1911, No. 397, refusing to take off nonsuit in case of John Green in Ms own right and Charley Green, a minor child of John Green, by his father and next friend, y. West Penn Railways Company. Trespass to recover damages for personal injuries. Before Van Swearingen, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 257, Jan. T., 1913, by plaintiffs, from judgment of C. P., Fayette Co., Sept. T., 1911, No. 397, refusing to take off nonsuit in case of John Green in Ms own right and Charley Green, a minor child of John Green, by his father and next friend, y. West Penn Railways Company. Trespass to recover damages for personal injuries. Before Van Swearingen, J. The opinion of the Supreme Court states the facts. The trial judge entered judgment of nonsuit, which the court in banc subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the non-suit.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
In brief the facts of the case are as follows: Two boys, each about nine years of age, while at play in a public street found a spool of fine copper wire at the foot of a telephone pole. In sport they attached a stone to one end of the wire and threw it across the defendant company’s feed wire. This left the other end of the copper wire dangling in the air about three feet from the ground. The boys withdrew and one of them meeting with the boy subsequently injured, who was about the same age, told him of the suspended wire and that he could have it if he wanted…
2Cited by14 opinions
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- Kedziora v. Washington Water Power Co.Washington Supreme Court · 1937
- Foote v. Scott-New Madrid-Mississippi Electric CooperativeMissouri Court of Appeals · 1962
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