Levin v. Second Avenue Traction Co.
Supreme Court of Pennsylvania
Appéals, Nos. 54 and 55, Oct. T., 1901, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1898, No. 574, on verdict for plaintiff in case of Dennis Levin, by his father and next friend, John Levin and John Levin v. The Second Avenue Traction Company. Trespass to recover damages for personal injuries to a child five years old.
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Appéals, Nos. 54 and 55, Oct. T., 1901, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1898, No. 574, on verdict for plaintiff in case of Dennis Levin, by his father and next friend, John Levin and John Levin v. The Second Avenue Traction Company. Trespass to recover damages for personal injuries to a child five years old. See Levin v. Second Avenue Traction Company, 194 Pa. 156. Verdict and judgment for Dennis Levin for $2,000 and for John Levin $85.00. Defendant appealed. Error assigned was in submitting the case to the jury.
1Opinion of the Court
Pee Cubiam,
When this case was here before (194 Pa. 156) we held: “ When the motorman discovered the boy on the platform of the car, it was his duty to stop and take him inside, or put him off.” This simply followed Pittsburg, Allegheny & Manchester Pass. Ry. Co. v. Caldwell, 74 Pa. 421, and what our language clearly means, is that when a child of years so tender that negligence cannot be imputed to it, is found by a conductor or motorman on the platform of his moving street car, his duty is to remove it from its peril. This can be done by stopping the car and putting it off, or by taking it…
2Cases cited4 opinions
- Enright v. Pittsburg Junction RailroadSupreme Court of Pennsylvania · 1901
- Levin ex rel. Levin v. Second Avenue Traction Co.Supreme Court of Pennsylvania · 1899
- Pittsburg, Allegheny & Manchester Passenger Railway Co. v. CaldwellSupreme Court of Pennsylvania · 1874
- Barre v. Reading City Pass. Ry.Supreme Court of Pennsylvania · 1893
3Cited by4 opinions
- Thomas v. Southern Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1921
- McCray v. Pittsburgh Railways Co.Superior Court of Pennsylvania · 1938
- Trevethan v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1913
- Geltzer v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1913