Miller v. Philadelphia

Opinion by

Mr. Justice Linn,

These appeals are from the refusal to take off judgments of non-suit in an action to recover for injuries sustained by the minor plaintiff in Fairmount Park. On Saturday morning, May 21, 1938, the minor, aged ten and a half years, was one of a party of ten members of a Sunday School class taken by their teacher, with the consent of the minors’ parents, to the Park. They entered from Rex Avenue, a city street in the Chestnut Hill section, and walked up a bridle path in the Park to the top of the slope, commonly known as Indian Rock, on which the monument to the…