Summary
In Stevens v. Pittsburgh, 329 Pa. 496, 198 A. 655, an action for the death of a boy killed while standing near his home by a bullet fired by a person in a public park, there had been long-continued, promiscuous shooting in the park — clearly a highly dangerous activity — and "the city had notice of the manner in which its property was being used and had opportunity to suppress the nuisance."
Summary of this case from Styer et al. v. ReadingOpinion
March 28, 1938.
April 18, 1938.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 89, March T., 1938, from decree of Superior Court, April T., 1936, No. 95, affirming judgment of C. P. Allegheny Co., Oct. T., 1930, No. 3483, in case of George P. Stevens et ux. v. City of Pittsburgh. Decree affirmed.
Trespass for wrongful death. Before GRAY, J.
The facts are stated in the opinion of the Superior Court, reported in 129 Pa. Super. 5.
Verdict for plaintiffs in sum of $2,259.72. Judgment entered for defendant n. o. v. Plaintiffs appealed to the Superior Court, which reversed the judgment of the court below. Appeal by defendant to Supreme Court allowed.
Errors assigned were the action of the Superior Court in sustaining an assignment of error and in reversing the judgment for defendant.
Anne X. Alpern, First Assistant City Solicitor, with her Churchill Mehard, City Solicitor, for appellant.
A. H. Rosenberg, for appellee.
The decree of the Superior Court is affirmed on the opinion of Judge CUNNINGHAM.
Appellant is directed to pay the costs.