Pittsburg, Allegheny & Manchester Passenger Railway Co. v. Caldwell
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 118, to October and November Term 1878. This was an action on the case for negligence brought July 15th 1872, by Kate Caldwell, by her next friend, James Caldwell, against The Pittsburg, Allegheny and Manchester Passenger Eailway Company.
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Error to the District Court of Allegheny county: No. 118, to October and November Term 1878. This was an action on the case for negligence brought July 15th 1872, by Kate Caldwell, by her next friend, James Caldwell, against The Pittsburg, Allegheny and Manchester Passenger Eailway Company. The cause of action was the negligence of the defendant’s servant, by which one of their cars passed over the leg of the plaintiff, and so injured it as to render her permanently a cripple. The case was tried June 2d 1873, before Hampton, P. J. The plaintiff was a child of about five years of age. The…
1Opinion of the Court
The opinion of the court was delivered, April 2d 1874, by
Williams, J. — It is clear from ad the evidence in this case, and under the instructions of the court, the jury must have found that the accident which resulted in the loss of the plaintiff’s leg, would not have happened if she had not been permitted to ride on the front platform of the defendant’s car. If the rules of the company had not forbidden it, there can be no doubt that it was gross negligence for the driver'to allow children as young as the plaintiff and her companion, to get on the front platform and to ride there. If they…
2Cited by11 opinions
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- Levin ex rel. Levin v. Second Avenue Traction Co.Supreme Court of Pennsylvania · 1899
- Thomas v. Southern Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1921
- Spence v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1902
- Levin v. Second Avenue Traction Co.Supreme Court of Pennsylvania · 1901
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