
    Goldstein, et al., Appellants, v. Philadelphia School District.
    Argued January 12, 1938.
    Before Kephart, O. J., Schaefer, Maxey, Drew, Linn and Stern, JJ.
    
      Abraham Wernick, with him Rowland G. Evans, of Evans é Wernick, for appellants.
    
      Warwick Potter Scott, with him Robert von Moschzisker, for appellee.
    January 31, 1938:
   Per Curiam,

The minor plaintiff, 12 years of age, was injured while playing on the fire escape of one of the schools maintained by appellee. It appears the child tripped over a pile of books placed on the steps by other pupils during recess. Appellants contended that permitting the children to place books on tbe fire escape as a daily babit and to use it for play, constituted a nuisance which tbe school district negligently permitted to exist.

Tbe court below properly concluded that tbe condition described by appellants’ witnesses did not constitute a nuisance. At most, tbe agents and servants of tbe school district were negligent in permitting tbe pupils to do tbe things related, and it is well settled that a school district is not liable for tbe ordinary negligence of its employees: Carlo v. Scranton School District, 319 Pa. 417.

Judgment affirmed.  