Glassey v. Hestonville, Mantua & Fairmount Passenger Railway Co.
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 438, to January Term 1867. This was an action on the case by William Grlassey against The Hestonville, Mantua and Fairmount Passenger Railway Company. The writ was issued November 28th 1866. The declaration charged that James C. Glassey, a son of William Glassey, the plaintiff, and a minor, while walking along Twenty-first street, in the city of Philadelphia, was knocked doVn by the car of the defendants and injured.
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Error to the District Court of Philadelphia: No. 438, to January Term 1867. This was an action on the case by William Grlassey against The Hestonville, Mantua and Fairmount Passenger Railway Company. The writ was issued November 28th 1866. The declaration charged that James C. Glassey, a son of William Glassey, the plaintiff, and a minor, while walking along Twenty-first street, in the city of Philadelphia, was knocked doVn by the car of the defendants and injured. That in consequence of this injury, “ the said James C. Glassey was unable to do or perform the necessary affairs and business of…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
In Smith v. O’Connor, 12 Wright 223, we said that when an action is brought by a father for an injury to his infant son, it may be that the father should be treated as a concurrent wrongdoer. The evidence may reveal him as such. His own fault may have contributed as much to the injury of the child, and consequently to the loss of service due him, as did the fault of the defendant. He owes to the child protection. It is his duty to shield it from danger, and his duty is the greater, the more helpless and indiscreet the child is. If by his own…
2Cited by15 opinions
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