Murdock Et Ux. v. Pa. Railroad Co.

Stadtfeld, J.,

Opinion by

The plaintiffs brought suit to recover damages for the death of their son, a boy twelve years and eight months of age, who was drowned on August 17, 1934, while swimming in a small pond on land of the Pennsylvania Railroad Company.

The pond was located in a swampy wasteland in South Philadelphia near the Delaware River at a point approximately 4,000 feet South of Oregon Avenue, the nearest built-up section of the City of Philadelphia. While there was some evidence that there was a shack within the distance of a block from the pool and that a small development known as…