Fitzpatrick v. Penfield
Supreme Court of Pennsylvania
Appeal, No. 78, Jan. T., 1920, by defendant, from judgment of C. P. No. 4, Phila. Co., March T. 1918, No. 3573, on verdict for plaintiff in case of Delia Fitzpatrick v. Anne W. Penfield. Trespass for the death of plaintiff’s son.
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Appeal, No. 78, Jan. T., 1920, by defendant, from judgment of C. P. No. 4, Phila. Co., March T. 1918, No. 3573, on verdict for plaintiff in case of Delia Fitzpatrick v. Anne W. Penfield. Trespass for the death of plaintiff’s son. Before Fin-letter, J. At the trial it appeared that plaintiff’s minor son was killed on March 10,1918, by the fall of a wall, which it was alleged defendant had left standing, without proper care, after a fire on February 3, 1917. The boy at the time of the accident was playing with other boys on a lot owned by Howard B. French, which adjoined the lot owned by…
1Opinion of the Court
Opinion by
Mr. Justice Kephabt,
Appellee’s son, with five other children, was playing along an eastern wall left standing after appellant’s buildings on Ludlow and Market streets had been destroyed by fire. The wall, 59 feet long, 26 feet high, 13 inches thick, was connected with another wall at right angles on the south; a pier stood on its western side at the north end. A lot of H. B. French was on the east. A part of this lot, on the side adjoining the standing wall, was an open yard, enclosed at the southern end by a high board fence, with a large closed gate, and a smaller gate cut into…
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