A thirteen-year-old boy was killed while standing under a defective hoist in defendant's ice plant. There was evidence that for three or four years children had been accustomed to frequent the plant and play there without apparent objection from the defendant. Held, the defendant was liable for breach of a duty to use due care in maintaining a dangerous hoist accessible to children who were so frequently present in the plant as to imply a tacit assent to their presence. Weimer v. Westmoreland Water Co., 127 Pa. Super. 201, 193 A. 665 (1937).

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