Legal Opinion

Kline ex rel. Kline v. Electric Traction Co.

Supreme Court of Pennsylvania

Decided May 24, 1897No. Appeal, No. 463PublishedCited by 9 opinions

Appeal, No. 463, Jan. T., 1896, by defendant, from judgment of C. P. No. 1, Pbila. Co., June T., 1894, No. 307, on verdict for plaintiff. Trespass for personal injuries to a cbild of tender age. The facts appear by tbe opinion of the Supreme Court. Defendant’s point and answer thereto among others were as follows: . 4. Under all the evidence the verdict should be for the defendant. Answer: Refused. Error assigned was above instruction, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Williams,

The story of the plaintiff’s injury is free from difficulty and without any conflict in the testimony as to any important particular. The defendant’s car was moving along South Tenth street making its usual circuit. The plaintiff who was a mere child was playing with several other children upon one side of the street. As the car was rapidly approaching she suddenly started to run across the street in front of it and reached the track just in time to be hit by it and to suffer the injury of which she now complains. It was about eight o’clock in the evening of the…

2Cases cited3 opinions

  1. Philadelphia & Reading Railroad v. SpearenSupreme Court of Pennsylvania · 1864
  2. Chilton v. Central Traction Co.Supreme Court of Pennsylvania · 1893
  3. Funk v. Electric Traction Co.Supreme Court of Pennsylvania · 1896

3Cited by9 opinions

  1. Davis v. Media, Middletown, Aston & Chester Electric Railway Co.Superior Court of Pennsylvania · 1904
  2. Dong Chong v. Honolulu Rapid Transit & Land Co.Hawaii Supreme Court · 1904
  3. Keller v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1906
  4. McKee v. Harrisburg Traction Co.Supreme Court of Pennsylvania · 1905
  5. Sontgen v. Kittanning & Ford City Street RailwaySupreme Court of Pennsylvania · 1905

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