North Pennsylvania Railroad v. Mahoney
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 195, to July Term 1867. This was an action on the case at the suit of Ellen Mahoney, by her next friend, John Mahoney, against the North Pennsylvania Railroad Company: the writ was issued to June Term 1865 of the District Court. The action was for negligence by the defendants in running over the plaintiff with a tender of their engine.
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Error to the District Court of Philadelphia: No. 195, to July Term 1867. This was an action on the case at the suit of Ellen Mahoney, by her next friend, John Mahoney, against the North Pennsylvania Railroad Company: the writ was issued to June Term 1865 of the District Court. The action was for negligence by the defendants in running over the plaintiff with a tender of their engine. On the trial, the evidence was, that at about one o’clock in the afternoon, the plaintiff, who was about four years of age, and another child, who was the child of a Mrs. Farr, were playing on the west side of…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
This judgment is affirmed on the grounds stated in the opinion of the District Court on the motion for a new trial. But as some views have been urged here which were not presented below, it is proper that they should not be passed without notice.
It has been strenuously contended that Mrs. Farr, whose negligence, resulting no doubt from want of presence of mind, contributed to the injury, was not a trespasser or tort-feasor. The evidence showed that the child was not under her care, but that with the best intentions, and with the design to…
2Cited by11 opinions
- Consolidated Gas Co. v. GettyCourt of Appeals of Maryland · 1903
- Gress v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1910
- Toner v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1919
- Nashville Railroad v. Howard ex rel. HowardTennessee Supreme Court · 1903
- Star Fire Clay Co. v. BudnoCourt of Appeals for the Sixth Circuit · 1920
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