Hoon v. Beaver Valley Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 83, Oct. T., 1902, by defendant, from judgment of G. P. Beaver Co., Sept. T., 1900, No. 148, on verdict for plaintiff in case of W. S. Hoon v. Beaver Yalley Traction Company. Trespass to recover damages for death of a boy six years old. Before Wilson, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 83, Oct. T., 1902, by defendant, from judgment of G. P. Beaver Co., Sept. T., 1900, No. 148, on verdict for plaintiff in case of W. S. Hoon v. Beaver Yalley Traction Company. Trespass to recover damages for death of a boy six years old. Before Wilson, P. J. The facts are stated in the opinion of the Supreme Court. Defendant presented this point: While on account of the tender age of Gilbert Hoon at the time of the accident, he being only six and one half years of age, contributory negligence cannot be attributed to him, yet if you find under the evidence that at the time of the…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The case could not properly have been withdrawn from the jury. The plaintiff’s son was not of an age to be charged with negligence. There was testimony that the car by which he was injured was running at a rate of twenty-five miles an hour through a populous part of the borough, near a schoolhouse, at an hour when school children were on the street, and that *371no notice by gong or otherwise was given of its approach to the crossing where the accident happened.
The point for charge, the refusal of which is the subject or the second assignment of error, could not have…
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