Erie City Passenger Railway Co. v. Schuster
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Brie county: Of July Term 1885, No. 116. This was an action on the case, brought by Minnie Schuster by her next friend, Isaac Oppenheimer, against The Erie City Passenger Railway Company to recover damages sustained b3 her by being run over b3 a car of the defendant through the alleged negligence of the defendant’s driver. The defendant pleaded not guilty.
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Error to the Court of Common Pleas of Brie county: Of July Term 1885, No. 116. This was an action on the case, brought by Minnie Schuster by her next friend, Isaac Oppenheimer, against The Erie City Passenger Railway Company to recover damages sustained b3 her by being run over b3 a car of the defendant through the alleged negligence of the defendant’s driver. The defendant pleaded not guilty. On the trial, before Galbraith, P. J., the following facts appeared: The Erie City Passenger Railway Compaq*- is a corporation created and existing by and under the laws of Pennsylvania, and vested with…
1Opinion of the CourtJustice Trunkey
At the date of the plaintiff’s injury she was nearly four years of age. She was on her way to a neighboring store, having been sent alone by her parents. The injury was inflicted on the north walk of a street crossing, where people were accustomed to cross on foot: there is no evidence of special hazard at that crossing occasioned by large amount of travel, or otherwise. The driver had stopped his car at the south walk, and there was little time or distance for his team to gain much speed. He first saw the child under the tongue when the horses jumped; he had given his attention to passengers…
2Cases cited1 opinion
- The Steamboat Clipper v. LoganOhio Supreme Court · 1849
3Cited by11 opinions
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- Citizens Street Railroad v. HamerIndiana Court of Appeals · 1902
- Elwood Electric Street Railway Co. v. RossIndiana Court of Appeals · 1900
- Chicago G. W. Ry. Co. v. KowalskiCourt of Appeals for the Eighth Circuit · 1899
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