Henne v. Peoples' Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 9, Jan. T., 1896, from judgment of C. P., Lackawanna Co., April T., 1892, No. 149, on verdict for plaintiff. Trespass by Albert Henne to recover damages for death of his daughter, Grace, two years and three months of age, by being run over by car of defendant company.
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Appeal, No. 9, Jan. T., 1896, from judgment of C. P., Lackawanna Co., April T., 1892, No. 149, on verdict for plaintiff. Trespass by Albert Henne to recover damages for death of his daughter, Grace, two years and three months of age, by being run over by car of defendant company. Verdict for the plaintiff in the sum of $775. Plaintiff’s points were, inter alia, as follows: 2. If the jury find that Grace Henne, the child of the plaintiff, was killed by being run into by the defendant’s car, by reason of the negligence or want of ordinary care on the part of the motorman in charge of said car,…
1Opinion of the Court
Opinion by
Willard, J.,
Cases involving the question of negligence depend upon and must be governed by the peculiar facts in each particular case. In many cases under undisputed facts it is the duty of the court to declare the law without reference to a jury, while in others it is for the jury, under the direction of the court, to determine whether actionable negligence has been proved or not. The first question submitted to the jury by the learned judge in the court below was whether the appellant was guilty of negligence. The evidence on the part of the appellant was that while the motorman…
2Cases cited4 opinions
- Johnson v. Reading City Passenger RailwaySupreme Court of Pennsylvania · 1894
- Philadelphia & Reading Railroad v. LongSupreme Court of Pennsylvania · 1874
- Schnur v. Citizens' Traction Co.Supreme Court of Pennsylvania · 1893
- Dunseath v. Pittsburg, Allegheny & Manchester Traction Co.Supreme Court of Pennsylvania · 1894
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- Buente v. Pittsburg, Allegheny & Manchester Traction Co.Superior Court of Pennsylvania · 1896