Legal Opinion

Cominskey v. Connellsville, New Haven & Leisenring Street Railway Co.

Superior Court of Pennsylvania

Decided May 10, 1897No. Appeal No. 143PublishedCited by 1 opinion

Appeal No. 143, April T., 1897, by plaintiff, from judgment of C. P. Fayette Co., Dec. T., 1895, No. 59, on verdict for plaintiff. Trespass for injuries resulting in death of plaintiff’s son. Before Barker, P. J., of the 47th judicial district, specially presiding. Plaintiff’s son, a boy of six years and four months old, was run over and killed by a car of defendant’s railway.

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Appeal No. 143, April T., 1897, by plaintiff, from judgment of C. P. Fayette Co., Dec. T., 1895, No. 59, on verdict for plaintiff. Trespass for injuries resulting in death of plaintiff’s son. Before Barker, P. J., of the 47th judicial district, specially presiding. Plaintiff’s son, a boy of six years and four months old, was run over and killed by a car of defendant’s railway. It appeared from the evidence that the car was running at a speed of from ■seven to eight miles an hour, that the motorman noticed, before he reached them, some six or seven children near the street car track ahead of…

1Opinion of the Court

Opinion by

Beaver, J.,

The court below would have been entirely justified in granting a nonsuit at the close of the plaintiff’s testimony. The case of the plaintiff was based upon the negligence of the defend-1 ant which consisted in the alleged unusual and unnecessary speed at which the car, which struck the plaintiff’s child and caused its death, was running at the time of the accident. One witness said “the car was moving awful fast,” another “it seemed to me she was running right lively.” Another who was immediately beside the car at the time of the accident says: “ I cannot tell what the…

2Cases cited1 opinion

  1. Moss v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897

3Cited by1 opinion

  1. Hooper v. United Traction Co.Superior Court of Pennsylvania · 1901

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