Levin ex rel. Levin v. Second Avenue Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 157, Oct. T., 1899, by plaintiffs, from order of C. P. No. 3, Allegheny Co., Aug. T., 1898, No. 574, refusing to take off nonsuit. Trespass for personal injuries for a boy five years of age. At the trial it appeared that on May 6, 1897, Dennis Levin, a boy five years old, got upon the lower step of the front platform of an eleetrie car which was standing in the barn. The front platform of the car was enclosed, half with wood and half with glass.
Read the full summary
Appeal, No. 157, Oct. T., 1899, by plaintiffs, from order of C. P. No. 3, Allegheny Co., Aug. T., 1898, No. 574, refusing to take off nonsuit. Trespass for personal injuries for a boy five years of age. At the trial it appeared that on May 6, 1897, Dennis Levin, a boy five years old, got upon the lower step of the front platform of an eleetrie car which was standing in the barn. The front platform of the car was enclosed, half with wood and half with glass. The motorman did not see the boy until the car had started, and then, while the car was running, he knocked on the window and kicked on…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
We regret to be compelled to complain of appellants’ history of the case, as furnished to us in their paper-book. An accurate statement of the facts is helpful to us on the argument, and nothing should appear in the history of the case not justified by the evidence produced. In the case before us, a child, Dennis Levin, five years of age, got upon the step of the platform *158of one of the cars of the Second Avenue Traction Company, and while there, after the car had started, was seen by the motorman, who knocked on the window, and then kicked on the lower end of the…
2Cases cited2 opinions
- Pittsburg, Allegheny & Manchester Passenger Railway Co. v. CaldwellSupreme Court of Pennsylvania · 1874
- Barre v. Reading City Pass. Ry.Supreme Court of Pennsylvania · 1893
3Cited by11 opinions
- Saxton v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1908
- Cover v. Hershey Transit Co.Supreme Court of Pennsylvania · 1927
- Walsh v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1908
- Reagan Et Ux. v. Reading CompanySuperior Court of Pennsylvania · 1936
- Thomas v. Southern Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1921
6 more not listed; retrieve them via the Exa API.