Lombard & South Streets Passenger Railway Co. v. Steinhart
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, for Philadelphia County. Case by Myer Steinhart, by his next friend and father, Philip M. Steinhart, against The Lombard and South Streets Passenger Railway Company, to recover damages for injuries to the plaintiff, alleged to have been caused by the negligence of the employes of the defendant.
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Error to the Court of Common Pleas, No. 1, for Philadelphia County. Case by Myer Steinhart, by his next friend and father, Philip M. Steinhart, against The Lombard and South Streets Passenger Railway Company, to recover damages for injuries to the plaintiff, alleged to have been caused by the negligence of the employes of the defendant. Upon the trial in the Court below, before Peirce, J., the following facts appeared: The plaintiff, a child six years and six months old, living with his parents at 532 South Street, in Philadelphia, was sent by his father, on the 21st of August, 1880, to the…
1Opinion of the Court
— Per Curiam :
In view of the fact that the plaintiff' had not reached an age to exercise discretion in avoiding the danger, he could not be held responsible for contributory negligence. The main question, then, was whether the negligence of the railway company caused the injury. While some of the evidence-was conflicting, yet there was amply sufficient, if believed, to justify the jury in finding it as a fact. There was evidence that the driver of the car was intoxicated, and driving at a rapid rate of speed, without giving that attention to the observance of any object on the track which his…
2Cited by2 opinions
- Summers v. Bergner Brewing Co.Supreme Court of Pennsylvania · 1891
- Freel v. WanamakerSupreme Court of Pennsylvania · 1904