The minor plaintiff, a child of seven, sued to recover damages for personal injuries received while playing upon defendant's road scraper which had been parked near a playground in a vacant lot belonging to a stranger. Held, that the defendant was under a duty to guard against danger of injury to children by tying fast the operating mechanism with a rope, and the plaintiff, even though a trespasser, is entitled to recover. "The defense of no liability to a trespasser is personal to the owner of the premises trespassed upon; it does not inure to the benefit of strangers to the property, adjoining owners, or other trespassers." Reichvalder v. Borough of Taylor, 322 Pa. 72 at 76, 185 A. 270 (1936).
Michigan Law Review,
NEGLIGENCE INJURY TO CHILD FROM DEFENDANTS DANGEROUS CHATTEL ON THE LAND OF A THIRD PERSON,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol36/iss3/24