Kroesen v. New Castle Electric Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 79, Oct. T., 1900, by defendant, from judgment of C. P. Lawrence Co., June T., 1898, No. 47, on verdict for plaintiff in case of Elanor Alice Kroesen, a minor, by Edward Kroesen, her father and next friend, and Edward Kroesen in his own right, v. New Castle Electric Street Railway Company. Trespass for personal injuries.
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Appeal, No. 79, Oct. T., 1900, by defendant, from judgment of C. P. Lawrence Co., June T., 1898, No. 47, on verdict for plaintiff in case of Elanor Alice Kroesen, a minor, by Edward Kroesen, her father and next friend, and Edward Kroesen in his own right, v. New Castle Electric Street Railway Company. Trespass for personal injuries. Before Wallace, P. J. In addition to the facts appearing by the report of Kroesen v. New Castle Electric Street Railway Company (No. 1), ante, p. 26, it appeared that immediately prior to the accident the child, Alice, was seated in a chair on the sidewalk, that…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This appeal was argued with No. 78 in which the opinion of the court, deciding that there was sufficient evidence of the motorman’s negligence to take the case to the jury, has been filed. The testimony was the same in both cases and we find nothing in it which would warrant the withdrawal of the case from the jury on the ground that the plaintiff was negligent in not selecting a proper caretaker for his child or that the person in whose care she was placed was under the circumstances negligent.
The judgment is affirmed.
2Cited by3 opinions
- Gress v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1910
- Murray v. Scranton Railway Co.Superior Court of Pennsylvania · 1908
- Stodd v. City of PhiladelphiaU.S. Circuit Court for the District of Eastern Pennsylvania · 1910