Pennsylvania Railroad v. Kelly
Supreme Court of Pennsylvania
Error to the Common Pleas of Huntingdon county. This was an action on the case by Patrick Kelly against The Pennsylvania Railroad Company, to recover damages for injuries sustained by the plaintiff’s son, by the wrongful act of the defendant. On the 5th September 1854, the plaintiff was at work on The Broad Top Railroad, near Huntingdon, and his son James, a lad nine years of age, was sent to him with his dinner.
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Error to the Common Pleas of Huntingdon county. This was an action on the case by Patrick Kelly against The Pennsylvania Railroad Company, to recover damages for injuries sustained by the plaintiff’s son, by the wrongful act of the defendant. On the 5th September 1854, the plaintiff was at work on The Broad Top Railroad, near Huntingdon, and his son James, a lad nine years of age, was sent to him with his dinner. The father sent him in to Huntingdon for some tobacco; and returning by the turnpike, the boy found the crossing obstructed by a train of the defendant’s cars; he attempted to creep…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
This was an action by a father to recover damages for the maiming of his son, a boy of nine years of age, by what is charged as the negligence of the company’s agents. The main facts bear a striking analogy to those in the case of Rauch v. Lloyd & Hill, decided at the present term. A train of cars was stopped on a road or street that leads into the borough of Huntingdon, and whilst it stood there, the plaintiff’s son, returning from an errand along that road, attempted to pass under the cars. While he was in the act of doing so, they were…
2Cases cited1 opinion
- Powers v. LeachSupreme Court of Vermont · 1850
3Cited by20 opinions
- Incollingo v. EwingSupreme Court of Pennsylvania · 1971
- Bollman Ex Rel. Sanderson v. Kark Rendering PlantSupreme Court of Missouri · 1967
- In Re Charles MikasinovichSuperior Court of Pennsylvania · 1933
- Hammaker v. Watts TownshipSuperior Court of Pennsylvania · 1919
- Adams v. BrosiusOregon Supreme Court · 1914
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