Drenberg v. Mahoning & Shenango Railway & Light Co.
Superior Court of Pennsylvania
Appeal, No. 66, April T., 1913, by defendant, from judgment of C. P. Lawrence Co., June T., 1911, No. 50, on verdict for plaintiff in case of Aaron Drenberg, a minor, by his next friend and father, Gustave A. Drenberg, arid Gustave A. Drenberg, in his own right, v. The Mahoning and Shenango Railway & Light Company. Trespass to recover damages for personal injuries. Before W. E. Porter, J. The circumstances of the accident are stated in the opinion of the Superior Court.
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Appeal, No. 66, April T., 1913, by defendant, from judgment of C. P. Lawrence Co., June T., 1911, No. 50, on verdict for plaintiff in case of Aaron Drenberg, a minor, by his next friend and father, Gustave A. Drenberg, arid Gustave A. Drenberg, in his own right, v. The Mahoning and Shenango Railway & Light Company. Trespass to recover damages for personal injuries. Before W. E. Porter, J. The circumstances of the accident are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for the father, Gustave A. Drenberg, for $500, and for the son, Aaron Drenberg,…
1Opinion of the Court
Opinion by
Porter, J.,
The refusal of the court to direct a verdict for the defendant was clearly right. The plaintiff, at the time of the injury,, was only five years old and could not be charged with contributory negligence. The testimony on his behalf, although contradicted, was sufficient to warrant a finding of these facts. The plaintiff was playing on the sidewalk with two or three other children; he left the cartway and started across the street. From the curb to the nearest rail of the street car track was a distance of eight feet, he had crossed this space, entered upon the street car…
2Cases cited4 opinions
- McCracken v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1902
- Dunseath v. Pittsburg, Allegheny & Manchester Traction Co.Supreme Court of Pennsylvania · 1894
- Jones v. United Traction Co.Supreme Court of Pennsylvania · 1902
- Kroesen v. New Castle Electric Street Railway Co.Supreme Court of Pennsylvania · 1901