Devenney v. North Franklin Township Volunteer Fire Department, Inc.

Opinion by

Spaulding, J.,

This is an appeal by plaintiffs James and Elizabeth Devenney from the trial court’s refusal to remove a compulsory nonsuit.

On July 9, 1960, Mrs. Devenney took her children to a public fair operated by defendant near Washington, Pennsylvania. While there, she was struck on the back of the head and neck by an object. At the time, she was standing approximately ten feet from a concession stand directly behind her where the public could throw balls at bottles and win prizes. After being hit, she turned around and saw a ball on the ground *380next to her. She had not noticed…