Dumanski v. City of Erie

Opinion by

Mr. Justice Patterson,

In this action in trespass Anastasia Dumanski, ap-. pellant, trustee ad litem for herself, seeks to hold the City of Erie, appellee, liable for the death of her minor son who died as the result of injuries sustained when a pile of frozen ashes or cinders collapsed, burying hini. At the conclusion of appellant’s case the trial judge granted the City’s motion for a compulsory non-suit which the court en banc refused to take off for the reason that there had been no breach of duty. This appeal followed.

On March 21, 1941, about 4:30 p.m., Joseph Dumanski, fourteen…