Smith v. Hestonville, Mantua & Fairmount Passenger Railway Co.
Supreme Court of Pennsylvania
Error to the' Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 264. Case by Elizabeth J. Smith against The Hestonville, Mantua and Fairmount Passenger Railway Company, to recover damages for the death of her son, alleged to have been caused by the negligence of defendant. Mrs. Smith was a widow, and was employed in cleaning the cars of the Pennsylvania Railroad Company, which necessarily took her from home during the day.
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Error to the' Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 264. Case by Elizabeth J. Smith against The Hestonville, Mantua and Fairmount Passenger Railway Company, to recover damages for the death of her son, alleged to have been caused by the negligence of defendant. Mrs. Smith was a widow, and was employed in cleaning the cars of the Pennsylvania Railroad Company, which necessarily took her from home during the day. Her son Willie, a lad about seven years of age, was in the habit, with other boys of the neighborhood, of getting water at a pump in the…
1Opinion of the CourtJustice Trunkey
Previous to the accident which caused the death of the plaintiff’s son, he and older boys had been in the habit of supplying with water to drink, the drivers and conductors, who encouraged them to do this by giving them pennies. At the time, the plaintiff’s child was at the defendant’s cars for .that purpose. The plaintiff not only had knowledge of this habit, which began before the summer vacation of the public school and was continued in the vacation, but she permitted it. She saw the money her child made, furnished him with cup and pitcher, and cautioned him to be careful in getting on and…
2Cited by13 opinions
- Davis v. . R. R.Supreme Court of North Carolina · 1904
- Richmond, Fredericksburg & Potomac Railroad v. Martin's AdministratorSupreme Court of Virginia · 1903
- Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
- Johnson v. Reading City Passenger RailwaySupreme Court of Pennsylvania · 1894
- Scherer v. SchlabergNorth Dakota Supreme Court · 1909
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