Legal Opinion

Slavin v. Northern Cambria Street Railway Co.

Superior Court of Pennsylvania

Decided July 13, 1911No. Appeal, No. 40PublishedCited by 6 opinions

Appeal, No. 40, April T., 1911, by Northern Cambria Street Railway Company, from judgment of C. P. Cambria Co., Sept. T., 1908, No. 361, on verdict for plaintiff in case of Russell Slavin, a minor, by his parents and next friends, Frank F. and Margaret Slavin and Frank F. and Margaret Slavin, his parents, in their own right, v. Northern Cambria Street Railway Company. Trespass to recover damages for injuries to a child two years old.

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Appeal, No. 40, April T., 1911, by Northern Cambria Street Railway Company, from judgment of C. P. Cambria Co., Sept. T., 1908, No. 361, on verdict for plaintiff in case of Russell Slavin, a minor, by his parents and next friends, Frank F. and Margaret Slavin and Frank F. and Margaret Slavin, his parents, in their own right, v. Northern Cambria Street Railway Company. Trespass to recover damages for injuries to a child two years old. Before O’Connor, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for 12,500 for…

1Opinion of the Court

Opinion by

Henderson, J.,

The injury complained of was received when Russell Slavin was less than two years old. He had wandered away from his mother, who was in her husband’s store, to the opposite side of the street where some children were playing on a pile of sand thrown out of a ditch which had been excavated there. The negligence complained of was the carelessness and inattention of the motorman in the management of his car by reason of which he allowed it to run against the child when he might reasonably have avoided the accident. Evidence was presented showing that the children were…

2Cases cited5 opinions

  1. Commonwealth v. RazmusSupreme Court of Pennsylvania · 1905
  2. Tatarewicz v. United Traction Co.Supreme Court of Pennsylvania · 1908
  3. Jones v. United Traction Co.Supreme Court of Pennsylvania · 1902
  4. Woeckner v. Erie Electric Motor Co.Supreme Court of Pennsylvania · 1896
  5. Distasio v. United Traction Co.Superior Court of Pennsylvania · 1908

3Cited by6 opinions

  1. Goldberg v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1929
  2. Commonwealth v. EabySuperior Court of Pennsylvania · 1913
  3. Pennsylvania R. Co. v. MindsCourt of Appeals for the Third Circuit · 1917
  4. Thompson v. W. P. Zartman Lumber Co.Superior Court of Pennsylvania · 1913
  5. Cooper v. Altoona Concrete Construction & Supply Co.Superior Court of Pennsylvania · 1913

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