Kirchner v. Oil City Street Railway Co.
Supreme Court of Pennsylvania
Appeal, Nos. 58 and 59, Oct. T., 1904, by plaintiffs, from order of C. P. Venango Co., Aug. T., 1902, No. 48, refusing to take off nonsuit in case of Daniel F. Kirchner, by his next friend Anthony Kirchner v. Oil City Street Railway Company. Trespass to recover damages for injuries to a boy fifteen years old, sustained while riding on the platform of a moving electric car.
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Appeal, Nos. 58 and 59, Oct. T., 1904, by plaintiffs, from order of C. P. Venango Co., Aug. T., 1902, No. 48, refusing to take off nonsuit in case of Daniel F. Kirchner, by his next friend Anthony Kirchner v. Oil City Street Railway Company. Trespass to recover damages for injuries to a boy fifteen years old, sustained while riding on the platform of a moving electric car. Before Criswell, P. J. The trial judge, on a motion to take off the nonsuit, filed an opinion in which he summarized the evidence as to the plaintiff’s capacity as follows : What is the evidence as to the capacity or want…
1Opinion of the Court
Per Curiam,
Standing on the platform of an electric car in motion, when there is room inside, is negligence per se: Thane v. Scranton *47Traction Co. 191 Pa. 249 ; Woodroffe v. Roxborough, etc., Ry. Co., 201 Pa. 521.
An infant over the age of ‘fourteen is presumed to have capacity to be sensible of danger, and this presumption can only be overcome by clear and positive evidence of want of the capacity usual in persons of that age: Nagle v. Allegheny Valley R. R. Co., 88 Pa. 35 ; Kehler v. Schwenk, 144 Pa. 348. In the case of the plaintiff, a boy over fifteen years of age, of intelligence and…
2Cases cited4 opinions
- Kehler v. Schwenk, Pennsylvania Court of Common Pleas, Northumberland County1891
- Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
- Nagle v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1879
- Woodroffe v. Roxborough, Chestnut Hill & Norristown Railway Co.Supreme Court of Pennsylvania · 1902
3Cited by3 opinions
- McMillen v. SteeleSupreme Court of Pennsylvania · 1923
- Hull v. BowersSupreme Court of Pennsylvania · 1922
- McDade v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1906