Guilmartin v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 216, Jan. T., 1901, by plaintiffs, from order of C. P. No. 1, Phila. Co., March. T., 1899, No. 885, refusing to take off nonsuit in case of Thomas Guilmartin, Jr., by his father and next friend, Thomas Guilmartin, Sr., and Thomas Guilmartin, Sr., in his own right, v. City of Philadelphia. Trespass to recover damages for personal injuries to a boy ten years old. Before Brega, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 216, Jan. T., 1901, by plaintiffs, from order of C. P. No. 1, Phila. Co., March. T., 1899, No. 885, refusing to take off nonsuit in case of Thomas Guilmartin, Jr., by his father and next friend, Thomas Guilmartin, Sr., and Thomas Guilmartin, Sr., in his own right, v. City of Philadelphia. Trespass to recover damages for personal injuries to a boy ten years old. Before Brega, J. The facts are stated in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The negligence charged was that the city allowed a gate which stood on its property to remain in a dangerous condition. The propertjr was suburban and consisted of a square of ground which had been acquired by the city for the purpose of establishing a public park, but had not been improved nor thrown open to the public as a park. The fence had been torn down and carried away by boys in the neighborhood, and the square was open on all sides to the streets which surrounded it, and was used to some extent as a ball ground and as a place for cleaning carpets. A…
2Cases cited1 opinion
- Oil City & Petroleum Bridge Co. v. JacksonSupreme Court of Pennsylvania · 1886
3Cited by21 opinions
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- Patterson v. Palley Manufacturing Co.Supreme Court of Pennsylvania · 1948
- Warden v. City of GraftonWest Virginia Supreme Court · 1925
- Reichvalder v. Borough of TaylorSupreme Court of Pennsylvania · 1936
- Powell v. LigonSupreme Court of Pennsylvania · 1939
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