Gerg v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 81, Jan. T., 1916, by defendant, from judgment of C. P. Elk Co., April T., 1915, No. 16, on verdict for plaintiffs in case of Charles L. Gerg and Lizzie Gerg v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Hall, J. On the trial the court charged the jury, in part, as follows : “A boy eleven years of age is not held to the same measure of care or responsibility that an adult man would be.
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Appeal, No. 81, Jan. T., 1916, by defendant, from judgment of C. P. Elk Co., April T., 1915, No. 16, on verdict for plaintiffs in case of Charles L. Gerg and Lizzie Gerg v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Hall, J. On the trial the court charged the jury, in part, as follows : “A boy eleven years of age is not held to the same measure of care or responsibility that an adult man would be. The rule of law is that the measure of a child’s responsibility is his capacity to see and appreciate danger. The rule is that in the absence, or lack…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of trespass to recover damages for *319the death of plaintiffs’ minor son resulting, as alleged, from the negligence of the defendant in operating one of its trains over a grade crossing at Main street, Ridgway, Pennsylvania. We have carefully examined the questions raised by the several assignments, and fail to discover reversible error on the trial of the cause. The case was submitted to the jury in a charge which, as a whole, was correct and entirely adequate, and to which the appellant can have no just cause of complaint. The negligence of the…
2Cases cited5 opinions
- Kelly v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1903
- Ayers v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1902
- Di Meglio v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1916
- McCarthy v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1905
- McGuigan v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
3Cited by15 opinions
- Cage v. New York Central Railroad CompanyDistrict Court, W.D. Pennsylvania · 1967
- Hoffman v. Pittsburgh & Lake Erie R. RSupreme Court of Pennsylvania · 1923
- Frank v. Reading Co.Supreme Court of Pennsylvania · 1929
- Fabel, Admr. v. HazlettSuperior Court of Pennsylvania · 1945
- Fedorovich v. GlennSupreme Court of Pennsylvania · 1939
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