MALISCHEWSKI ET AL. v. PA. R. R. CO. ET AL

Negligence — Possessor of land — Condition — Trespassers — Children — Playgrounds — Railroads — Right of way.

1. In an action for injuries sustained by the minor plaintiff when he touched an overhead live wire, while playing on a standing coal car on defendant's tracks at a regular station it was Held that there was no evidence defendant was negligent. [554-7]

2. Restatement, Torts, section 339, cited. [555-6]

Argued January 9, 1947.

PER CURIAM, April 18, 1947:

The judgment of the court below dismissing the motions to take off the nonsuits is affirmed on the opinion of President Judge FINLETTER.