Taylor v. Delaware & Hudson Canal Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna county: Of January Term, 1886, No. 818. This was an action on the case brought by Rachel E. Taylor by her father and next friend, John F. Taylor, against the president, managers and company of the Delaware and Hudson Canal Company to recover damages for injuries received by her by being struck by a train of cars while she was crossing the railroad track of the defendant along an alleged foot path in the city of Scranton.
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Error to the Court of Common Pleas of Lackawanna county: Of January Term, 1886, No. 818. This was an action on the case brought by Rachel E. Taylor by her father and next friend, John F. Taylor, against the president, managers and company of the Delaware and Hudson Canal Company to recover damages for injuries received by her by being struck by a train of cars while she was crossing the railroad track of the defendant along an alleged foot path in the city of Scranton. The defendant pleaded not guilty. After the plaintiff had closed her case the defendant moved the Court to grant a compulsory…
1Opinion of the CourtJustice Sterrett
In his opinion refusing to take off the compulsory nonsuit, the learned president of the Common Pleas concedes the case is a close one, but appears to think the judgment should be sustained on the ground that the child’s unfortunate injury resulted from her own impetuosity and heedlessness, and not from any neglect of duty on the part of defendant company. If he is correct in this, the nonsuit was rightly entered. But, plaintiffs’ contention is that the jury would have been warranted in finding negligence of the company defendant, from which the injury complained of resulted; that the…
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