Tobin v. Shwitzer

The infant plaintiff, while sliding down a toboggan, fell and was injured. The toboggan was maintained in a playground for children, as a part of an apartment house, owned by defendants. The cause of the accident, it is claimed, was that the toboggan tilted, because one of its two supporting legs was missing. Negligence is claimed, on the part of the landlord, because he allowed children to play on such a dangerous slide.

The only witness to the accident, and to the fact that one of the supporting legs of the toboggan was missing, was the attorney of record for plaintiffs, who procured other…