Paraska v. Scranton

Opinion by

Mr. Chief Justice Frazer,

Plaintiffs sued in trespass to recover damages for injuries received by the minor plaintiff in a fall from a swing on a public playground maintained by the City of Scranton. The court below entered judgment for defendant upon an affidavit of defense raising questions of law. Plaintiffs appealed.

The statement of claim avers that the playground where the accident occurred was under the control and supervision of employees of defendant city and that the child, a girl eleven years old, was present there during one of the regular recreation periods. The swing…