Fairmount & Arch Street Passenger Railway Co. v. Stutler
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action on the case, commenced July 14th 1864, by Elizabeth Stutler against The Fairmount and Arch Street Passenger Railway Company.
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Error to the District Court of Philadelphia. This was an action on the case, commenced July 14th 1864, by Elizabeth Stutler against The Fairmount and Arch Street Passenger Railway Company. The declaration alleged that the defendants were common carriers of passengers owning a car in which James Stutler, the plaintiff’s son, was riding and being carried for hire, and that the company by their servants, &c., “ so carelessly and improperly drove the horses and car that, by the carelessness, negligence and improper conduct of the company by their servants,” &c., James Stutler was, with force and…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
This was an action by a widowed mother *378for an injury inflicted upon her minor son. The tort complained of did not consist in personal violence wantonly inflicted, but resulted from negligent performance of a contract which the railway company had assumed, to carry the son safely as a passenger. He entered one of their cars as it was going up Arch street, and in the act of leaving it a premature start of the car precipitated him under another of their cars which at the moment was passing down the street, and he was badly hurt. The proof…
2Cited by9 opinions
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- Nordmark v. Indian Queen Hotel Co.Superior Court of Pennsylvania · 1931
- Woodward Iron Co. v. CurlSupreme Court of Alabama · 1907
- Freed v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1927
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