Philadelphia City Passenger Railway Co. v. Henrice
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 139. Case by Charles Henrice, by his father and next friend, Frederick Henrice, against the Philadelphia City Passenger Railway Company, to recover damages to said Charles, alleged to have been caused by the negligence of defendant. At the trial, before Allison,' P. J., it appeared that the mother of plaintiff kept a small candy store on Lancaster avenue.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 139. Case by Charles Henrice, by his father and next friend, Frederick Henrice, against the Philadelphia City Passenger Railway Company, to recover damages to said Charles, alleged to have been caused by the negligence of defendant. At the trial, before Allison,' P. J., it appeared that the mother of plaintiff kept a small candy store on Lancaster avenue. The defendants have two tracks on said street, one for eastward and one for westward bound cars. The track for eastward bound cars is on the south…
1Opinion of the CourtJustice Paxson
The first, second and fourth assignments relate to the same subject, and may be considered together. The first and second allege error in the admission of evidence on behalf of the plaintiff below to prove the hours of service required by the defendant company of its drivers and conductors, whilst the fourth relates to the instructions of the court upon said evidence.
The fact to be proved was, whether the driver of car No. 127 had been guilty of negligence upon the occasion in question in consequence of which the child, Charles Ilenrice, had been run over and injured. Was the evidence…
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