Sontgen v. Kittanning & Ford City Street Railway
Supreme Court of Pennsylvania
Appeal, No. 166, Oct. T., 1905, by plaintiff, from order of C. P. Armstrong Co., Sept. T., 1903, No. 4, refusing to take off nonsuit in case of Paul Henry Sontgen v. Kittanning & Ford City Street Railway Company. Trespass to recover damages for the death of a child five years old. The opinion of the Supreme Court states the facts. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Per Curiam,
The evidence failed to show any negligence on the part of the defendant. The only witness called who saw the accident testified that the child was playing behind a pile of earth about five or six feet from the track and suddenly ran out on the track when the car was not more than four feet away. The case belongs to the class of Chilton v. Central Traction Co., 152 Pa. 425 ; Funk v. Electric Traction Co., 175 Pa. 559; Kline v. Electric Traction Co., 181 Pa. 276 ; Callary v. Easton Transit Co., 185 Pa. 176, and Miller v. Union Traction Co., 198 Pa. 639.
As this is decisive of the…
2Cases cited5 opinions
- Chilton v. Central Traction Co.Supreme Court of Pennsylvania · 1893
- Funk v. Electric Traction Co.Supreme Court of Pennsylvania · 1896
- Kline ex rel. Kline v. Electric Traction Co.Supreme Court of Pennsylvania · 1897
- Callary v. Easton Transit Co.Supreme Court of Pennsylvania · 1898
- Miller v. Union Traction Co.Supreme Court of Pennsylvania · 1901
3Cited by6 opinions
- Tatarewicz v. United Traction Co.Supreme Court of Pennsylvania · 1908
- Keller v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1906
- Meloy v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1907
- Myers v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1914
- Frank v. Allegheny Valley Street Railway Co.Superior Court of Pennsylvania · 1914
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