Harkins v. Pittsburg, Allegheny & Manchester Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 125, Oct. T., 1895, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1893, No. 90, on verdict for plaintiff. Trespass by a child two years and eleven months old to recover damages for personal injuries sustained by being struck by an electric car. Before Stowe, P. J. The facts were similar to those in Clyde Harkins v. Pitts-burg, Allegheny & Manchester Traction Company, supra. The cases were, however, in different courts, and separately tried.
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Appeal, No. 125, Oct. T., 1895, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1893, No. 90, on verdict for plaintiff. Trespass by a child two years and eleven months old to recover damages for personal injuries sustained by being struck by an electric car. Before Stowe, P. J. The facts were similar to those in Clyde Harkins v. Pitts-burg, Allegheny & Manchester Traction Company, supra. The cases were, however, in different courts, and separately tried. Defendant presented, among others, the following point: 3. That under all the evidence in the case the verdict should be…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This action was brought by a minor child to recover for in*150juries sustained by being struck by one of tbe defendant’s cars. Tbe facts appearing in evidence are substantially the same as those in Clyde Harkins v. the same defendant, 178 Pa. 146, in ■which an opinion is filed. The errors alleged' are in not withdrawing the case from the jury on the ground that there was no evidence which would sustain a verdict for the plaintiff, and in not specifically instructing the jury that the evidence in relation to the speed of the car was insufficient to sustain a finding that…
2Cases cited1 opinion
- Yingst v. Lebanon & Annville St. Ry. Co.Supreme Court of Pennsylvania · 1895
3Cited by3 opinions
- Scerca v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1945
- Reilley v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1896
- Wolf v. City Railway Co.Oregon Supreme Court · 1907