NOVICKI v. BLAW-KNOX COMPANY

No. 13671.

304 F.2d 931 (1962)

Harry NOVICKI, a Minor, by Harlan Novicki, His Guardian, and Harlan Novicki and Mary Novicki, Appellants, v. BLAW-KNOX COMPANY, a Corporation.

United States Court of Appeals Third Circuit.

Decided June 14, 1962.


Attorney(s) appearing for the Case

Paul E. Moses, Pittsburgh, Pa. (Earl J. Cavanaugh, Evans, Ivory & Evans, Pittsburgh, Pa., on the brief), for appellants.

Bruce R. Martin, Pittsburgh, Pa. (Pringle, Bredin & Martin, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge and HASTIE and GANEY, Circuit Judges.


HASTIE, Circuit Judge.

The question on this appeal is whether the evidence warranted a verdict for the plaintiffs in an action against a landowner for negligent injury of an infant trespasser.

In several respects this case is an almost classic example of injury to a child caused by an attractive nuisance. Appellee, Blaw-Knox Co., is a manufacturer whose premises included a large open area near a housing project. In that area appellee was accustomed to assemble...

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