Kroesen v. New Castle Electric Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 78, Oct. T., 1900, by defendant, from judgment of C. P. Lawrence Co., June T., 1898, No. 47, on verdict for plaintiff in case of Elanor Alice Kroesen, a minor, -by Edward Kroesen, her father and next friend, and Edward Kroesen in his own right, v. New Castle Electric Street Railway Company. Trespass for personal injuries.
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Appeal, No. 78, Oct. T., 1900, by defendant, from judgment of C. P. Lawrence Co., June T., 1898, No. 47, on verdict for plaintiff in case of Elanor Alice Kroesen, a minor, -by Edward Kroesen, her father and next friend, and Edward Kroesen in his own right, v. New Castle Electric Street Railway Company. Trespass for personal injuries. Before Wallace, P. J. At the trial it appeared that the plaintiff, a child about four years old at the time of the accident, was injured about seven o’clock in the evening of April 12, 1896, by being run down by one of defendant’s electric cars. The circumstances…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The refusal of the court to direct a verdict for the defendant *29was clearly right. The plaintiff was not of an age to be charged with contributory negligence. The testimony on her behalf tended to establish these facts: The car was at a full stop at the end of its route. When the motorman was about to start it, the plaintiff left a chair on which she had been sitting on the sidewalk, and crossed the street to the curb on the other side, and then turned and walked back to the middle of the track, where she stopped and stood apparently confused by cries of alarm from a…
2Cited by4 opinions
- Hanlon v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1905
- Safranski v. SemanSuperior Court of Pennsylvania · 1909
- Drenberg v. Mahoning & Shenango Railway & Light Co.Superior Court of Pennsylvania · 1913
- Nolder v. McKeesport, Wilmerding & Duquense Railway Co.Supreme Court of Pennsylvania · 1902