Johnson v. Reading City Passenger Railway
Supreme Court of Pennsylvania
Appeal, No. 21, Jan. T., 1894, by defendant, from judgment of C. P. Berks Co., Aug. T., 1891, No. 115, on verdict for plaintiff, James E. Johnson and Annie, his wife. Trespass for death of child. Before Ermentrout, P. J. The facts appear by the opinion of the Supreme Couri.
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Appeal, No. 21, Jan. T., 1894, by defendant, from judgment of C. P. Berks Co., Aug. T., 1891, No. 115, on verdict for plaintiff, James E. Johnson and Annie, his wife. Trespass for death of child. Before Ermentrout, P. J. The facts appear by the opinion of the Supreme Couri. Yerdict and judgment for plaintiff for SI,901.90. Errors assigned were refusal of points to the effect that there was no negligence by plaintiff, and (7) that there was contributory negligence by defendant, quoting the points.
1Opinion of the Court
Opinion by
Me. Justice Dean,
The defendant’s horse car railway is on Eleventh street in the city of Reading. James E. Johnson was a young married man living with his wife, Annie Johnson, in dwelling No. 222, fronting on the street where the railway was operated. He was a freight handler, receiving moderate wages, and his wife did her own work. They had one child, James E. Johnson, a boy twenty months old. About 11 o’clock of the forenoon of May 7,1891, this child was run over by defendant’s ear in front of its parents’ house, and killed. The parents, averring that its death was caused by the…
2Cases cited3 opinions
- Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
- Smith v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1880
- Rauch v. Lloyd & HillSupreme Court of Pennsylvania · 1858
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