Kreiner v. Straubmüller
Superior Court of Pennsylvania
Appeal, No. 40, Oct. T., 1905, by defendant, from order of C. P. No. 2, Phila. Co., Sept. T., 1902, No. 3,723, dismissing exceptions to report of referee in case of George J. Kreiner, by bis next friend and mother, Josephine C. Kreiner, and Josephine C. Kreiner, in her own right, v. Joseph, Straubmiiller. Trespass to recover damages for personal injuries tq a child five years old. Exceptions to report of Chester N. Farr, Esq., referee.
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Appeal, No. 40, Oct. T., 1905, by defendant, from order of C. P. No. 2, Phila. Co., Sept. T., 1902, No. 3,723, dismissing exceptions to report of referee in case of George J. Kreiner, by bis next friend and mother, Josephine C. Kreiner, and Josephine C. Kreiner, in her own right, v. Joseph, Straubmiiller. Trespass to recover damages for personal injuries tq a child five years old. Exceptions to report of Chester N. Farr, Esq., referee. From the report of the referee it appeared that George J. Kreiner, a child about five years old, was injured in June, 1902, while at play on a pyramidal pile…
1Opinion of the Court
Opinion by
Henderson, J.,
It is a well established rule that those • controlling property on, or immediately adjacent to, a public highway must have regard to the reckless and thoughtless tastes and traits of childhood. The owners of the premises are required in such cases to anticipate that children may use the highway, and in so doing be exposed to any unsafe object placed thereon. They are bound to know that young children are likely to be at play on the streets, and to make use of objects attractive for their exploits and games, and this responsibility has been held to attach in some cases…
2Cases cited7 opinions
- Hydraulic Works Co. v. OrrSupreme Court of Pennsylvania · 1877
- Power v. HarlowMichigan Supreme Court · 1885
- Rodgers v. LeesSupreme Court of Pennsylvania · 1891
- Guilmartin v. PhiladelphiaSupreme Court of Pennsylvania · 1902
- Schilling v. AbernethySupreme Court of Pennsylvania · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Bonczek v. PhiladelphiaSupreme Court of Pennsylvania · 1940
- Fougeray v. PfliegerSupreme Court of Pennsylvania · 1934
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- Farbarik v. JonesSuperior Court of Pennsylvania · 1917
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