Buente v. Pittsburg, Allegheny & Manchester Traction Co.
Superior Court of Pennsylvania
Appeal, No. 4, April T., 1896, by defendant, from judgment of C. P. No. 1, Allegheny County, Sept. Term, 1894, No. 177, on verdict for plaintiff. Trespass for killing plaintiff’s child.
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Appeal, No. 4, April T., 1896, by defendant, from judgment of C. P. No. 1, Allegheny County, Sept. Term, 1894, No. 177, on verdict for plaintiff. Trespass for killing plaintiff’s child. Before Slagle, J. Verdict for plaintiff for $750. The following facts were stated in the opinion of the Superior Court: On the 18th day of May, 1894, Hazel Buente, the plaintiff’s daughter, aged three years, eight months and seven days, in some way escaped from her parent’s home, and while attempting to cross the defendant company’s street railway track was struck by a passing car and instantly killed. The…
1Opinion of the Court
Opinion by
Wickham, J.,
(after stating the facts as recited in the above statement of facts):
The learned judge of the court below was asked, through the defendant’s first point, to instruct the jury that there was not sufficient evidence of the defendant’s negligence to sustain a verdict for the plaintiff. We think the point was properly refused. Although the evidence of negligence was not very strong, there was enough to justify submitting the case; it was for the jury to say whether the motorman, with an unobstructed view of the street in front, should have confined his attention entirely to…
2Cases cited3 opinions
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Schnur v. Citizens' Traction Co.Supreme Court of Pennsylvania · 1893
- Henne v. Peoples' Street Railway Co.Superior Court of Pennsylvania · 1896
3Cited by2 opinions
- Fineman v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1910
- Murray v. Scranton Railway Co.Superior Court of Pennsylvania · 1908