Negligence without Fault

Abstract

§ 1.] Four children chasing a kite drowned in a frozen pond.Y Dam- ages were sought from a railroad company by whose admitted negligence water had been diverted to form the fatal pond.The Supreme Court of Pennsylvania denied liability because a prudent man in the defendant's place could not have "anticipated and foreseen this unfortunate happening" and because "there was no breach of duty to the children." 2 Jury verdict, majority opinion, and dissent reflect the uncertainty and t Copyright, 1951, The Regents of the University of California.