Legal Opinion

Parrotta v. Pennsylvania & Mahoning Valley Railway Co.

Superior Court of Pennsylvania

Decided July 14, 1909No. Appeal, No. 36PublishedCited by 5 opinions

Appeal, No. 36, April T., 1909, by defendant, from judgment of C. P. Lawrence Co., Sept. T., 1906, No. 66, on verdict for plaintiffs in case of Dominick Parrotta and Angelo Parrotta v. Pennsylvania & Mahoning Valley Railway Company, operating the New Castle Electric Street Railway Company. Trespass to recover damages for the death of a child three and one-half years old.

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Appeal, No. 36, April T., 1909, by defendant, from judgment of C. P. Lawrence Co., Sept. T., 1906, No. 66, on verdict for plaintiffs in case of Dominick Parrotta and Angelo Parrotta v. Pennsylvania & Mahoning Valley Railway Company, operating the New Castle Electric Street Railway Company. Trespass to recover damages for the death of a child three and one-half years old. Before William E. Porter, P. J. The facts relating to the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiffs for $845. Defendant appealed. Error assigned was in refusing binding…

1Opinion of the Court

Opinion by

Oelady, J.,

This action of trespass was brought to recover damages from the defendant company on account of its negligence in causing the death of a child about three and one-half years of age. While the testimony of some of the plaintiff’s witnesses is exceptionally direct and positive, others assert, with the same degree of confidence, a very different state of facts.

The plaintiff’s family consists of himself, his wife and six small children ranging from one to ten years. His house stands six or eight feet back from the sidewalk, with a yard in front on a level with the sidewalk,…

2Cases cited6 opinions

  1. Tatarewicz v. United Traction Co.Supreme Court of Pennsylvania · 1908
  2. Del Rossi v. CooneySupreme Court of Pennsylvania · 1904
  3. Karahuta v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1898
  4. Conner v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1907
  5. Davis v. Westmoreland County Railway Co.Supreme Court of Pennsylvania · 1908

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
  2. Kuhns v. Conestoga Traction Co.Supreme Court of Pennsylvania · 1927
  3. Rex v. Lehigh Valley Transit Co.Superior Court of Pennsylvania · 1934
  4. Sullivan v. Philadelphia Suburban Transp. Co.District Court, E.D. Pennsylvania · 1945
  5. Frank v. Allegheny Valley Street Railway Co.Superior Court of Pennsylvania · 1914

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