Hestonville, Mantua, & Fairmount Passenger Railroad v. Kelley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 4, of Philadelphia comity: Of July Term 1882, No. 76. Case, by Patrick Kelley and Mary his wife, against the Hestonville, Mantua and Eairmount Passenger Railway Company, to recover damages for the death of their son, a boy of seven years of age, caused by the alleged negligence of defendants’ servant.
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Error to the Court of Common Pleas No. 4, of Philadelphia comity: Of July Term 1882, No. 76. Case, by Patrick Kelley and Mary his wife, against the Hestonville, Mantua and Eairmount Passenger Railway Company, to recover damages for the death of their son, a boy of seven years of age, caused by the alleged negligence of defendants’ servant. On the trial, before Thayer, P. J., the evidence showed the following to be the facts : — On the evening of September 26th 1880, about 7 o’clock, it being dark, a car of defendants’ line was approaching a switch near the terminus of the road on Belmont…
1Opinion of the CourtJustice Green
After a very careful consideration of the testimony in this cause we are unable to discover any evidence of negligence on the part of the defendant, productive of the injury in respect of which the suit is brought. The only testimony upon which it is possible to found an allegation of negligence is that of the boy lvnight, who was the companion of the deceased at the time of the accident. JBut that testimony, in our judgment, fails to establish the ingredients necessary to an accusation of negligence against the defendant. It fails to prove that the driver asked or permitted the deceased to…
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