Appeals, Nos. 124 and 125, March T., 1962, from order of Court of Common Pleas of Allegheny County, Oct. T., 1960, No. 3894, in case of Regis R. Ricketts, a minor, by his father and natural guardian, James R. Ricketts, and James R. Ricketts, individually in his own right, v. Allegheny County and City of Pittsburgh. Order affirmed.
Alexander Cooper and Melvin Schwartz, with them Cooper, Goodman & Schwartz, for appellants.
Norman J. Cowie and Maurice Louik, County Solicitor, with them Thomas M. Rutter, Jr., Harold Gondelman, Assistant County Solicitors, and Pringle, Bredin & Martin, for County of Allegheny, appellee.
Marcus Aaron, II, Assistant City Solicitor, with him David W. Craig, City Solicitor, for City of Pittsburgh, appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Keim, JJ.
OPINION BY MR. JUSTICE KEIM
This is an appeal from order of court sustaining preliminary objections filed by defendants in an action of trespass to recover for personal injuries sustained by the minor plaintiff.
Regis Ricketts, the minor plaintiff, age 12, lived with his parents at 314 38th Street in the City of Pittsburgh, Allegheny County, Pennsylvania. On February
, 1960 while playing in a vacant house at 339 37th Street on the second floor went out on the porch roof and fell two stories to the ground and sustained serious injuries as listed in the complaint. The house was owned by the heirs of Teresa Brunner and occupied by tenants until vacated pursuant to an order of the Allegheny County Health Department dated October 8, 1959.
In the county health department order to vacate, the following unlawful conditions were listed: Dilapidated condition; no bath; no hot water; remove outside toilet; in need of major repairs to roof, walls, foundations, floors, plumbing, heating and wiring. Make windows and doors weathertight. Remove refuse and debris from premises.
The premises were in a heavily populated section of the City of Pittsburgh and across from a public playground. Plaintiffs allege that shortly after the tenants vacated the premises in accordance with the order of the Allegheny County Health Department children from the neighborhood came on the premises to play, broke windows, doors and did damage to the floors so as to make them unsafe, and in general ...