Frank v. Allegheny Valley Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 88, April T., 1914, by defendant, from judgment of C. P. Allegheny Co., Sept. T., 1911, No. 512, on verdict for plaintiffs in case of Joseph Frank and Lydia E. Frank, his wife, v. Allegheny Valley Street Railway Company. Trespass to recover damages for death of a child of tender years. Before Shafer, J. The facts relating to the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,000. Defendant appealed.
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Appeal, No. 88, April T., 1914, by defendant, from judgment of C. P. Allegheny Co., Sept. T., 1911, No. 512, on verdict for plaintiffs in case of Joseph Frank and Lydia E. Frank, his wife, v. Allegheny Valley Street Railway Company. Trespass to recover damages for death of a child of tender years. Before Shafer, J. The facts relating to the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlad y, J.,
An adopted child of the plaintiffs was killed by being run over by a construction car hauling a loaded trailer on the defendant’s street railway. A hurdy-gurdy was being played by two Italians, who had placed it about four feet from the car track, and the only spectators were an old man and a four-year old child, which he was holding by the hand as the child’s caretaker. The gong of the car was sounded at some distance from the place where the accident occurred, and it approached at a reasonable speed on a level street. The child and the old man were standing on the…
2Cases cited6 opinions
- Tatarewicz v. United Traction Co.Supreme Court of Pennsylvania · 1908
- Funk v. Electric Traction Co.Supreme Court of Pennsylvania · 1896
- Slavin v. Northern Cambria Street Railway Co.Superior Court of Pennsylvania · 1911
- Sontgen v. Kittanning & Ford City Street RailwaySupreme Court of Pennsylvania · 1905
- Parrotta v. Pennsylvania & Mahoning Valley Railway Co.Superior Court of Pennsylvania · 1909
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