Pittsburg, Allegheny & Manchester Railway Co. v. Pearson
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 150, to October and November Term 1871. John Pearson and Mary his wife, to November Term 1870, brought an action on the case against The Pittsburg, Allegheny and Manchester Passenger Railway Company, for causing the death of their son by running over him by one of their cars. The only question considered by the Supreme Court was whether the negligence of the plaintiffs contributed to the death of the child.
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Error to the District Court of Allegheny county: No. 150, to October and November Term 1871. John Pearson and Mary his wife, to November Term 1870, brought an action on the case against The Pittsburg, Allegheny and Manchester Passenger Railway Company, for causing the death of their son by running over him by one of their cars. The only question considered by the Supreme Court was whether the negligence of the plaintiffs contributed to the death of the child. The child was but eighteen months old; being upon the street on which the railroad was located, one of the cars struck him, threw him…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— The only question raised by these assignments of error, which, it is deemed necessary to discuss is, whether under the' evidence, the plaintiffs below — the parents of the child who was run over and killed by the railroad ear of the defendants— were guilty of culpable negligence in permitting him to run abroad in the street without a competent protector. It was undoubtedly settled very properly in Glassey v. Hestonville Passenger Railway Co., 7 P. F. Smith 172, that if the parents permit a child of tender years to run at large without a…
2Cited by10 opinions
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- Cover v. Hershey Transit Co.Supreme Court of Pennsylvania · 1927
- McKinney v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1915
- Sullenberger v. Chester Traction Co.Superior Court of Pennsylvania · 1907
- Distasio v. United Traction Co.Superior Court of Pennsylvania · 1908
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