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MARTINELLI v. PETERS.

413 Pa. 472 (1964)

Martinelli, Appellant, v. Peters.

Supreme Court of Pennsylvania.

March 17, 1964.

Attorney(s) appearing for the Case

D.T. Spagnoletti, with him William F. Keating, for appellant.

Robert W. Beatty, with him Ernest L. Green, Jr., and Butler, Beatty, Greer and Johnson, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. CHIEF JUSTICE BELL, March 17, 1964:

Plaintiff appeals from a judgment of nonsuit.

Plaintiff, a four-year-old child, was injured by being pushed by a playmate onto defendant's unguarded lawn mower. The child (and her parents) lived next door and she came on defendant's property through an open gate.

The owner of real property is not an insurer of the safety of persons who may come upon his land...

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