Miller v. Lebanon & Annville Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 205, Jan. T., 1896, by plaintiffs, from judgment of C. P. Lebanon Co., on verdict for defendant. Trespass by parents to recover damages for tbe death of a child six years old. Before Meily, P. J. The facts appear by the opinion of the Supreme Court The court gave binding instructions for the defendant. Verdict and judgment for defendant. Plaintiffs appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Ms. Justice Fell,
Wo find nothing in the testimony in this case upon which a verdict against the defendant could be sustained. The plain*192tiffs’ daughter, a child six years old, was playing with other children at the side of a road or village street. She was directed by her elder sister to cross the road to their home, and was cautioned to look out for a car which was then approaching. She walked partly across the road to a point five feet from the car tracks, and stopped for the car to pass. She stood there until the front part of the car passed her, and then in some way not clearly…
2Cited by2 opinions
- District of Columbia v. CatonCourt of Appeals for the D.C. Circuit · 1918
- Sullivan v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1901