Brown v. Popky

Dissenting Opinion by

Mr. Justice Musmanno:

Marilyn Brown, 4 years of age, and her little brother, Barry Brown, 2 years of age, were playing on the floor of the kitchen of the apartment in which they lived with their parents, when the electric stove in the room tilted over on them, upsetting a large pot of boiling water which had been on the stove, scalding and *238injuring them seriously. Through their father they brought suit in trespass against the owner of the apartment, averring negligence in the installation of the stove and failure to exercise the care which would have prevented the stove…