Gardner v. Consolidated Rail Corp. SEPTA

LARSEN, Justice.

I dissent.

The issue presented by these two appeals is whether a political subdivision has a duty to maintain safe playgrounds. It is clear to me that when “city fathers” decide to locate a public playground adjacent to property which poses a hazard to the children who are encouraged to use that playground, they are obligated to erect and maintain barriers on the perimeter of the playground to prevent ingress and egress at a location that brings the children into contact with the adjacent hazard. The majority commits a grave error in holding to the contrary.

In the first appeal,…