Woodbridge v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna county: Of January Term, 1884, No. 92. This was an action on the ease, by E. P. Woodbridge and wife against the Delaware, Lackawanna & Western Railroad Company, to recover damages for the death of Theodore Wood-bridge, the son of the plaintiffs, six years of age, caused by the alleged negligence of the defendant’s servants.
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Error to the Court of Common Pleas of Lackawanna county: Of January Term, 1884, No. 92. This was an action on the ease, by E. P. Woodbridge and wife against the Delaware, Lackawanna & Western Railroad Company, to recover damages for the death of Theodore Wood-bridge, the son of the plaintiffs, six years of age, caused by the alleged negligence of the defendant’s servants. On the trial the evidence on behalf of the plaintiffs was to the following effect: The plaintiffs lived in the town of Babylon, on the line of the defendant’s road. Their house was on a corner, fronting on a street which ran…
1Opinion of the CourtJustice Sterrett
If there were no testimony from which the jury would have been justified in finding that the unfortunate injury which resulted .in the death of plaintiffs’ child was caused by the negligence of defendant company’s employees, it must be conceded the judgment of nonsuit was rightly entered, and should be sustained; but, in view of the evidence as to the tender years of the child, and the care that was exercised by his mother to keep him out of danger on the morning of the accident, it cannot, in my judgment, be sustained on any other ground. There .is nothing in the testimony to warrant the…
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