Pittsburg, Allegheny & Manchester Passenger Railway Co. v. Donahue
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 18, to October and November Term 1871. This was an action on the case brought December 2d 1868, by John Donahue against The Pittsburg, Allegheny and Manchester Passenger Railway Company, for injuries to his son Michael Donahue, by the negligence of the defendants’ servants.
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Error to the District Court of Allegheny county: No. 18, to October and November Term 1871. This was an action on the case brought December 2d 1868, by John Donahue against The Pittsburg, Allegheny and Manchester Passenger Railway Company, for injuries to his son Michael Donahue, by the negligence of the defendants’ servants. The evidence was not printed in the paper-book, but it appeared from the statement of the case, that Michael Donahue, a small lad, got upon one of the defendants’ cars; at the time he got on, the-driver, who was also the conductor, was inside the car collecting fare.…
1Opinion of the Court
The opinion of the court was delivered, January 6th 1873, by
Thompson, C. J.
On the argument at bar, it seemed to me, that there was a want of definiteness in the instructions of the learned judge in answer to the points of the defendant, in order to exclude as an element of damages the manifest trespass of the driver of the car; but on further reflection this impression has yielded to a different conclusion. It is true the learned judge refused to charge as requested by defendant’s counsel, that the railway company was not liable for the wilful trespass of the driver of the car, hut he charged…
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