Foster v. Borough of Glenolden

*277OPINION

LUONGO, District Judge.

On Sunday morning, June 9, 1963, Thomas Foster, then 5% years old, was injured when he fell or was thrown from his bicycle in a playground operated and maintained by defendant Borough, of Glenolden. Plaintiff contends that the fall occurred when the bicycle struck a rock which protruded several inches above the ground but was concealed by an overgrowth of grass and weeds. The negligence with which defendant was charged was (1) failure to have supervisory personnel at the playground; and (2) failure to properly maintain the playground (i.e. permitting the…