Legal Opinion

Jones v. United Traction Co.

Supreme Court of Pennsylvania

Decided January 6, 1902No. 2; Appeal, No. 116PublishedCited by 2 opinions

Appeal, No. 116, Oct. T., 1901, by defendant, from judgment of O. P. No. 3, Allegheny Co., Aug. T., 1900, No. 712, on verdict for plaintiff in case of Edward Jones v. United Traction Company. Trespass by a father to recover damages for personal injuries to a child two years old. Before Me Clung, J. See previous case. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 116, Oct. T., 1901, by defendant, from judgment of O. P. No. 3, Allegheny Co., Aug. T., 1900, No. 712, on verdict for plaintiff in case of Edward Jones v. United Traction Company. Trespass by a father to recover damages for personal injuries to a child two years old. Before Me Clung, J. See previous case. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $400. Defendant appealed. jError assigned was in submitting tbe ease to tbe jury.

1Opinion of the Court

Opinion by

Mb. Justice Bbown,

We heard this appeal in connection with No. 115, October term, 1901, in which we have just decided that the question of the appellant’s negligence was for the jury. They have found that it was guilty of negligence, and the judgment in favor of the father cannot be disturbed, unless the court should have instructed the jury that his negligence in not taking proper care of his child stood in the way of his right to recover. Immediately before the accident, the child, Ruth E. Jones, was in the front room of her father’s house, playing or lying on the floor, and an…

2Cases cited2 opinions

  1. Glassey v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1868
  2. Pittsburg, Allegheny & Manchester Railway Co. v. PearsonSupreme Court of Pennsylvania · 1872

3Cited by2 opinions

  1. Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
  2. Davis v. Westmoreland County Railway Co.Supreme Court of Pennsylvania · 1908

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