Meloy v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 320, Jan. T., 1906, by plaintiff, from judgment of C. P. No. 5, Pbila. Co., March. T., 1904, No. 806, on verdict for defendant in case of John Meloy, Jr., by his father and next friend, John Meloy, Sr., and John Meloy, Sr., v. The Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries.- Before Ralston, J. The opinion of the Supreme Court states the facts. Yerdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 320, Jan. T., 1906, by plaintiff, from judgment of C. P. No. 5, Pbila. Co., March. T., 1904, No. 806, on verdict for defendant in case of John Meloy, Jr., by his father and next friend, John Meloy, Sr., and John Meloy, Sr., v. The Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries.- Before Ralston, J. The opinion of the Supreme Court states the facts. Yerdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Per Curiam,
There was no evidence of negligence on the part of defendant. The car going south on Second street reached the corner of Lombard at which point the middle of the street is occupied by a market shed, narrowing the street so that the track on the east side is close to the shed. As the car turned the curve into the track along the shed, the plaintiff, a boy of seven years, who was playing tag in the market shed, darted out and ran into the fender in the front of the car. The testimony to these facts is practically undisputed, and brings tbe case clearly under the authority of Sontgen…
2Cases cited1 opinion
- Sontgen v. Kittanning & Ford City Street RailwaySupreme Court of Pennsylvania · 1905
3Cited by2 opinions
- Downey v. Baton Rouge Electric & Gas Co.Supreme Court of Louisiana · 1908
- Tracey v. Hoffman, Pennsylvania Court of Common Pleas, Lancaster County1923