Barthold v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 18, Jan T., 1893, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1891, No. 930, on verdict for plaintiff, John Barthold. Trespass for damages for death of plaintiff’s son. At the trial, before Hake, P. J., it appeared that, on July 1, 1891, William Barthold, a boy ten years and eight months old, fell into a well or pool of water situated on grounds belonging to the city of. Philadelphia continguous to Fairmount Park.
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Appeal, No. 18, Jan T., 1893, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1891, No. 930, on verdict for plaintiff, John Barthold. Trespass for damages for death of plaintiff’s son. At the trial, before Hake, P. J., it appeared that, on July 1, 1891, William Barthold, a boy ten years and eight months old, fell into a well or pool of water situated on grounds belonging to the city of. Philadelphia continguous to Fairmount Park. The ground upon which the well was located was dedicated to the city by H. H. Houston in February, 1891. The circumstances of the accident are…
1Opinion of the Court
Opinion by
Mr. Justice Wiletams,
The complaint in this case is that the learned judge of the court below did not give to the jury a binding direction to find in favor of the defendant. It is not the manner, but the fact, of its submission that is assigned for error; so that our question is whether there was evidence which justified the court below in submitting the negligence of the defendant, to the jury for determination. Turning therefore to the evidence we find' it was shown that the pool or well in which the plaintiff’s son lost his life was upon ground acquired by the city some six months…
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