Mussolino Et Ux. v. Coxe Bros. Co., Inc.

Opinion by

Mr. Justice Linn,

Plaintiffs appeal from the refusal of their motion to take off a compulsory nonsuit. They sue for the death of their child, aged two years and eleven months, drowned in a pond maintained by defendant. They lived in a house on the east side of Fern Street, in the Borough of Freeland. Defendant’s.land is on the west-side of tlie street, Fern Street being the boundary between the borough and Foster Township. The pond, about 75 feet wide and 1000 feet long, has remained on the land from which coal was removed by a stripping operation many years ago. Almost the entire…