Opinion
January 12, 1938.
January 31, 1938.
Negligence — Respondent superior — School district — Nuisance.
1. The habitual placing of school books on the fire escape of a public school does not constitute a nuisance. [71-2]
2. A school district is not liable for the ordinary negligence of its employees. [72]
Argued January 12, 1938.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN and STERN, JJ.
Appeals, Nos. 63 and 64, Jan. T., 1938, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1936, No. 287, in case of Philip Goldstein, by his next friends and parents Julius and Jennie Goldstein, and Julius and Jennie Goldstein, in their own rights, v. School District of Philadelphia. Judgment affirmed.
Trespass for personal injuries. Before LEVINTHAL, J.
Disagreement by jury. Judgment entered for defendant on whole record. Plaintiffs appealed.
Error assigned was entry of judgment for defendant on the whole record.
Abraham Wernick, with him Rowland C. Evans, of Evans Wernick, for appellants.
Warwick Potter Scott, with him Robert von Moschzisker, for appellee.
The minor plaintiff, 12 years of age, was injured while playing on the fire escape of one of the schools maintained by appellee. It appears the child tripped over a pile of books placed on the steps by other pupils during recess. Appellants contended that permitting the children to place books on the fire escape as a daily habit and to use it for play, constituted a nuisance which the school district negligently permitted to exist.
The court below properly concluded that the condition described by appellants' witnesses did not constitute a nuisance. At most, the agents and servants of the school district were negligent in permitting the pupils to do the things related, and it is well settled that a school district is not liable for the ordinary negligence of its employees: Carlo v. Scranton School District, 319 Pa. 417.
Judgment affirmed.