Hestonville Passenger Railway Co. v. Connell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1878, No. 147. Case by William Connell, by his next friend and father, Patrick W. Connell, against the Ilestonville, Mantua and Fairmount Passenger Railway Co., for damages for injuries to plaintiff, through the alleged negligence of defendants’ servants. The facts will be found stated in the opinion of this court.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1878, No. 147. Case by William Connell, by his next friend and father, Patrick W. Connell, against the Ilestonville, Mantua and Fairmount Passenger Railway Co., for damages for injuries to plaintiff, through the alleged negligence of defendants’ servants. The facts will be found stated in the opinion of this court. At the trial, the defendants submitted the following points, which the court, Mitchell, J., refused: 1. The jury must, under the evidence, find for the defendants. 2. There is no sufficient evidence of…
1Opinion of the Court
Mi’. Justice Gordon
delivered the opinion of the court, February 17th 1879.
As we gather from the evidence and from the statements of counsel, on the 3d day of March 1877 at about 11 o’clock, a.'m., as the car of the defendant below, was passing along Lancaster avenue, between Fifty and Fifty-first streets, William Connell, the plaintiff, a child of six years and nine months of age, in attempting to jump or climb upon the forward platform, slipped, fell and received the injury complained of by the ear passing over him. 'This was a ónehorse reversible car, having both platforms unenclosed, as is…
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