Reilley v. Philadelphia Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 146, Jan. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co, June T., 1895, No. 911, on verdict for plaintiff. Trespass for damage for personal injuries to the plaintiff, a child two years old, who was injured May 31, 1895, by being driven over by a street car on Somerset street, near Thompson, in the city of Philadelphia.
Read the full summary
Appeal, No. 146, Jan. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co, June T., 1895, No. 911, on verdict for plaintiff. Trespass for damage for personal injuries to the plaintiff, a child two years old, who was injured May 31, 1895, by being driven over by a street car on Somerset street, near Thompson, in the city of Philadelphia. Before Gordon, J. James Gallagher, a witness for plaintiff, testified that he saw the child before it had reached the track; that he did not see the child going from the pavement, and did not see it until it was two feet from the rail and two feet…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It must be conceded that the plaintiff had crossed the street in front of the car and then unexpectedly turned to recross, and was struck by the car under such circumstances of contributory negligence as would have prevented a recovery by an adult. But the learned judge below left the case to the jury on evidence that at the time of the accident the driver was not looking at the track in front of Mm, but had allowed his attention to be diverted by a party of men or boys who were shouting at the corner of the street just passed by the car.
It is the duty of the…
2Cases cited5 opinions
- Johnson v. Reading City Passenger RailwaySupreme Court of Pennsylvania · 1894
- Chilton v. Central Traction Co.Supreme Court of Pennsylvania · 1893
- Citizens' Passenger Railway Co. v. FoxleySupreme Court of Pennsylvania · 1884
- Harkins v. Pittsburg, Allegheny & Manchester Traction Co.Supreme Court of Pennsylvania · 1896
- Flanagan v. People's Pass. Ry. Co.Supreme Court of Pennsylvania · 1894