Legal Opinion
Frankel v. Burke's Excavating, Inc.
District Court, E.D. Pennsylvania
Decided June 16, 1967No. Nos. 32830, 32831PublishedCited by 6 opinions
1Opinion of the Court
OPINION
FULLAM, District Judge.
In these consolidated negligence actions, plaintiffs seek to recover damages by reason of the deaths of two young boys, aged seven and eight respectively, who were drowned when they fell through the ice of an old quarry or pond on property of the defendant corporation. Plaintiffs attempted to make out a case to justify the application of the legal principles set forth in Section 339 of the Restatement of Torts, which provides as follows:
Ҥ 339, Artificial Conditions Highly Dangerous to Trespassing Children
A possessor of land is subject to liability for physical…
2Cases cited5 opinions
- Hyndman v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1959
- Jesko v. TurkSupreme Court of Pennsylvania · 1966
- Mussolino Et Ux. v. Coxe Bros. Co., Inc.Supreme Court of Pennsylvania · 1947
- Howell Properties, Inc. v. Twp. of BrickNew Jersey Superior Court Appellate Division · 2002
- McGuire v. CareySupreme Court of Pennsylvania · 1951
3Cited by6 opinions
- Shushereba v. R.B. Industries, Inc.District Court, W.D. Pennsylvania · 1985
- Kerry Coal Co. v. United Mine Workers of AmericaDistrict Court, W.D. Pennsylvania · 1980
- Cech v. StateMontana Supreme Court · 1979
- Frankel v. Burke's Excavating, Inc.Court of Appeals for the Third Circuit · 1968
- Alvin H. Frankel, Administrator of the Estate of Gregory J. Gallagher, Deceased v. Burke's Excavating, Inc. Alvin H. Frankel, Administrator of the Estate of Alan D. Wylie, Iii, Deceased v. Burke's Excavating, IncCourt of Appeals for the Third Circuit · 1968
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