Flanagan v. People's Pass. Ry. Co.
Supreme Court of Pennsylvania
Appeal, No. 306, Jan. T., 1894, by plaintiff, from judgment of G. P. No. 3, Phila. Co., March T., 1893, -No. 735, entering compulsory nonsuit. Trespass for death of daughter. Before FrNLETTER, P. J. -. At the trial it appeared that, on April 22, 1893, Mary Flanagan, aged seven and one half years, was killed by one of defendant’s cars on Fourth street, in the city of Philadelphia, just below its intersection with Borden street.
Read the full summary
Appeal, No. 306, Jan. T., 1894, by plaintiff, from judgment of G. P. No. 3, Phila. Co., March T., 1893, -No. 735, entering compulsory nonsuit. Trespass for death of daughter. Before FrNLETTER, P. J. -. At the trial it appeared that, on April 22, 1893, Mary Flanagan, aged seven and one half years, was killed by one of defendant’s cars on Fourth street, in the city of Philadelphia, just below its intersection with Borden street. The accident happened between half past seven and eight o’clock in the evening when it was somewhat dark. The only witness of the accident was a boy ten years old who…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
There was only one witness of the accident, a boy of ten *106years, but his account gives us the main facts with entire clearness. Between seven and eight o’clock on the evening of April 22, 1893, the deceased, a girl of about seven and a half years, was standing on the pavement of Fourth street a short distance below Borden. It was somewhat dark, so that persons could not be seen plainly, but the boy testified that he saw the car by its lights, and as it came along the 'little girl started to run across Fourth street diagonally in front of' it. The driver called…
2Cited by2 opinions
- Evers v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1896
- Reilley v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1896