Fehrs v. McKeesport

Opinion by

Mr. Justice Simpson,

In the early part of 1931, the City of McKeesport, defendant below and appellant here, had been improving a 147-acre park for public use. In the course of the improvement it removed stumps of old trees, blasting them out with dynamite, dynamite caps and fuses. Prior to May 17, 1931, the park had been opened to public use, although the improvement had not been fully completed. On that day the minor plaintiff, who was twelve years of age, was taken for a walk in the park by his cousin and two twin girls, fifteen years of age. He was carrying with him a small toy,…