Legal Opinion

Watson v. Highland Grove Traction Co.

Superior Court of Pennsylvania

Decided December 13, 1917No. Appeal, No. 134PublishedCited by 3 opinions

Appeal, No. 134, April'T., 1917, by defendant, from judgment of O. P. Allegheny Co., April T., 1916, No. 1213, on verdict for plaintiff in case of Carl Watson & Lottie Watson v. Highland Grove Traction Company. Trespass to recover damages for death of child five years old. ■ Before Carnahan, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $645.50. Defendant appealed.

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Appeal, No. 134, April'T., 1917, by defendant, from judgment of O. P. Allegheny Co., April T., 1916, No. 1213, on verdict for plaintiff in case of Carl Watson & Lottie Watson v. Highland Grove Traction Company. Trespass to recover damages for death of child five years old. ■ Before Carnahan, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $645.50. Defendant appealed. Error assigned was in overruling defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Orlady, P. J.,

Robert Watson, a five-year-olcl son of the plaintiffs, was run over and killed by a street car of the defendant company on Fifth avenue, which is the principal thoroughfare in the populous manufacturing city of McKeesport ; there were two car tracks on it. At the time this accident occurred the pavement, roadway and car tracks were used by the customary throng of pedestrians and vehicles to be expected on such a street at six o’clock in the evening, when the general traffic is augmented by the employees of mills and stores at the expiration of their day’s work. The…

2Cases cited4 opinions

  1. Glassey v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1868
  2. Westerberg v. Kinzua etc. R., Pennsylvania Court of Common Pleas, McKean County1891
  3. Rapaport v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1915
  4. Sullenberger v. Chester Traction Co.Superior Court of Pennsylvania · 1907

3Cited by3 opinions

  1. Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
  2. Fairman v. DorneySuperior Court of Pennsylvania · 1919
  3. MacKovitch Et Ux. v. BeckerSuperior Court of Pennsylvania · 1928

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