McCloskey v. Chautauqua Lake Ice Co.
Supreme Court of Pennsylvania
Appeal, No. 250, Oct. T., 1895, by defendant, from judgment of C. P. No. 1, Allegheny Co., March Term, 1894, No. 720, on verdict for plaintiff. Gbeen and Williams, JJ., dissent. Trespass for personal injuries. Before Slagle, J. At the trial it appeared that on October 10, 1893, plaintiff, a boy six years old, was injured by defendant’s ice wagon in front of Ketterer’s butcher shop on Centre avenue, Pittsburg.
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Appeal, No. 250, Oct. T., 1895, by defendant, from judgment of C. P. No. 1, Allegheny Co., March Term, 1894, No. 720, on verdict for plaintiff. Gbeen and Williams, JJ., dissent. Trespass for personal injuries. Before Slagle, J. At the trial it appeared that on October 10, 1893, plaintiff, a boy six years old, was injured by defendant’s ice wagon in front of Ketterer’s butcher shop on Centre avenue, Pittsburg. The pavement on the other side of the street had been taken up for some time, and blocks for a new pavement were piled on tbe side of the street where the accident occurred, with open…
1Dissent
Dissenting Opinion by
Mr. Justice Green :
I find myself unable to agree with the opinion of the majority of the court in this case and for reasons which require an expression of record. The difficulty I have is to discover any act of negligence on the part of defendant’s driver. It is claimed that he was negligent because he did not “ see that the way was clear for ” backing his wagon “ without injury to parties entering or leaving the open space which he was about to obstruct.” Granting that this proposition would be correct in the abstract the question remains is it applicable to the…
2Cases cited3 opinions
- Chilton v. Central Traction Co.Supreme Court of Pennsylvania · 1893
- Hestonville Passenger Railway Co. v. ConnellSupreme Court of Pennsylvania · 1879
- Palethorp v. PalethorpSupreme Court of Pennsylvania · 1895