Jennings v. Glen Alden Coal Co.

Opinion by

Mr. Chief Justice Drew,

The proper determination of this case rests on the application of Section 339 of the Restatement, Torts to the evidence presented at the trial. The learned trial judge held that plaintiff had failed to bring himself within the scope of that rule and accordingly entered a nonsuit. From an order denying a motion to remove the nonsuit, plaintiff has appealed.

On July 28, 1948, Edward Jennings, a minor then thirteen and a half years old, accompanied by several other boys, left his home in Hanover Township, Luzerne County, seeking work in Nanticoke Borough. Finding…