Davis v. Westmoreland County Railway Co.
Supreme Court of Pennsylvania
Appeals, Nos. 178 and 179, Oct. T., 1908, by defendants, from judgment of C. P. Westmoreland Co., Nov. T., 1907, No. 544, on verdict for plaintiffs in case of Loretta Davis, minor, by her next friend and father, John E. Davis, and John E. Davis, in his own right, v. Westmoreland County Railway Company. Trespass to recover damages for personal injuries to a child two years and three months old.
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Appeals, Nos. 178 and 179, Oct. T., 1908, by defendants, from judgment of C. P. Westmoreland Co., Nov. T., 1907, No. 544, on verdict for plaintiffs in case of Loretta Davis, minor, by her next friend and father, John E. Davis, and John E. Davis, in his own right, v. Westmoreland County Railway Company. Trespass to recover damages for personal injuries to a child two years and three months old. Before Doty, P. J. At the trial it appeared that on August 12, 1907, the mother of Loretta Davis left Loretta in charge of another daughter, ten years old, and went on an errand. The father of the…
1Opinion of the Court
Per Curiam,
When the larger child ran out of the house and along the tracks the motorman’s attention was naturally and properly directed to her. Though she was not on the tracks she was running parallel to them and so close that a step or two might bring her upon them at any instant. But the danger to her was not so imminent as to justify him, as a matter of law, in closing his eyes to other obstructions or risks in his path. He was bound to keep a general lookout in the performance of his duties.
It is negligence in a traveler along the streets of a city not to keep a general lookout where he…
2Cases cited5 opinions
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Woeckner v. Erie Electric Motor Co.Supreme Court of Pennsylvania · 1897
- Graham v. PhiladelphiaSuperior Court of Pennsylvania · 1902
- Harris v. Commercial Ice Co.Supreme Court of Pennsylvania · 1893
- Jones v. United Traction Co.Supreme Court of Pennsylvania · 1902
3Cited by5 opinions
- Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
- Poulson v. GambleSuperior Court of Pennsylvania · 1962
- Thompson v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1910
- Parrotta v. Pennsylvania & Mahoning Valley Railway Co.Superior Court of Pennsylvania · 1909
- Safranski v. SemanSuperior Court of Pennsylvania · 1909