Chilton v. Central Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 82, Oct. T., 1892, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1891, No. 719, on verdict for plaintiff, James B. Chilton, by his nest friend, John B. Chilton. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court. Defendant presented this point: “ 3. There is no evidence of any negligence on the part of the defendant company in this case, and therefore the verdict should be for defendant.”
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Appeal, No. 82, Oct. T., 1892, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1891, No. 719, on verdict for plaintiff, James B. Chilton, by his nest friend, John B. Chilton. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court. Defendant presented this point: “ 3. There is no evidence of any negligence on the part of the defendant company in this case, and therefore the verdict should be for defendant.” Refused. [8] Verdict and judgment for plaintiff for $500. Defendant appealed. Error assigned, inter alia, was (3) instruction, quoting it.
1Opinion of the Court
Opinion by
Mr. Chiee Justice Paxson,
James B. Chilton, the child for whose injury this suit was brought, was about five and a half years old at the time of the injury. Hence, we cannot impute contributory' negligence to him, although it is clear that an adult could not recover under such circumstances. The facts of the case are briefly, and we believe fairly stated, in appellant’s history of the case, as follows: The accident happened on Wylie avenue, in the city of Pittsburgh, a little above Pulton street, which crosses Wylie. The plaintiff’s elder brother, William Chilton, a boy about sixteen…
2Cited by14 opinions
- Evers v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1896
- Schnur v. Citizens' Traction Co.Supreme Court of Pennsylvania · 1893
- Funk v. Electric Traction Co.Supreme Court of Pennsylvania · 1896
- Kline ex rel. Kline v. Electric Traction Co.Supreme Court of Pennsylvania · 1897
- Sontgen v. Kittanning & Ford City Street RailwaySupreme Court of Pennsylvania · 1905
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