Danko v. Pittsburg Railways Co.
Supreme Court of Pennsylvania
Appeals, Nos. 66 and 67, Oct. T., 1909, by plaintiffs, from judgment of C. P. No. 4, Allegheny Co., Third T., 1907, No. 277, for defendant n. o. v. in ease of Chester Danko, a minor, by his father and next friend John Danko, and John Danko v. Pittsburg Railways Company. Trespass for personal injuries. Before Swearingen, P. J. The facts appear in the opinion of the Supreme Court. Error assigned was in entering judgment for defendant non obstante veredicto.
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Appeals, Nos. 66 and 67, Oct. T., 1909, by plaintiffs, from judgment of C. P. No. 4, Allegheny Co., Third T., 1907, No. 277, for defendant n. o. v. in ease of Chester Danko, a minor, by his father and next friend John Danko, and John Danko v. Pittsburg Railways Company. Trespass for personal injuries. Before Swearingen, P. J. The facts appear in the opinion of the Supreme Court. Error assigned was in entering judgment for defendant non obstante veredicto. The weight of the testimony of the witness McLaughlin was for the jury: Ely v. Railway Co., 158 Pa. 233; Kohler v. Penna. R. R. Co., 135…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
At the time Chester Danko was injured he was but four years of age, and the question of his contributory negligence is, therefore, not in the case. But a single witness — J. C. McLaughlin — was called by the plaintiffs to describe the accident, and from' his testimony in chief the negligence of the defendant company was clearly for the jury. He testified that when one of its summer cars had reached the end of a line in the borough of Du-quesne, the injured plaintiff and another boy, somewhat older, got upon it; that the older boy turned the seats and just before…
2Cases cited8 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Dalmas v. KembleSupreme Court of Pennsylvania · 1906
- Kohler v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
- Platz v. McKean TownshipSupreme Court of Pennsylvania · 1897
- Dinan v. Supreme Council of Catholic Mutual Benefit Ass'nSupreme Court of Pennsylvania · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Mudano v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1927
- Commonwealth v. BloseSuperior Court of Pennsylvania · 1946
- Commonwealth v. BartellSuperior Court of Pennsylvania · 1957
- Anstine v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1941
- Moyer v. ætna Life Ins. Co.Court of Appeals for the Third Circuit · 1942
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