Fineman v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 114, Oct. T., 1909, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1907, No. 3,912, on verdict for'plaintiff, in case of Cilly Fine-man, by her father and next friend David Fineman, and David Fineman v. Philadelphia Rapid Transit Company. Trespass to recover damages for injuries to a child between four and five years of age. Before Wiltbank, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 114, Oct. T., 1909, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1907, No. 3,912, on verdict for'plaintiff, in case of Cilly Fine-man, by her father and next friend David Fineman, and David Fineman v. Philadelphia Rapid Transit Company. Trespass to recover damages for injuries to a child between four and five years of age. Before Wiltbank, J. The facts are stated in the opinion of the Superior Court. Verdict for Cilly Fineman for $5,000 and for David Fine-man for $1,600. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Henderson, J.,
The two assignments of error raise the same question and may be considered together. That question is, Does the contributory negligence of the plaintiff preclude a recovery for him in this action? The position taken by the appellant is that the plaintiff did not exercise care in preventing his child from going onto the street and that he was, therefore, guilty of contributory negligence. In support of this position the rule is invoked that when a parent perínits a child of tender years to run at large without a protector in a street traversed by cars and other vehicles…
2Cases cited10 opinions
- Johnson v. Reading City Passenger RailwaySupreme Court of Pennsylvania · 1894
- Lederman v. Penna. RailroadSupreme Court of Pennsylvania · 1895
- Philadelphia & Reading Railroad v. LongSupreme Court of Pennsylvania · 1874
- Dunseath v. Pittsburg, Allegheny & Manchester Traction Co.Supreme Court of Pennsylvania · 1894
- Del Rossi v. CooneySupreme Court of Pennsylvania · 1904
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3Cited by3 opinions
- Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
- Goldberg v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1929
- Signor v. Johnson, Pennsylvania Court of Common Pleas, Delaware County1970