Legal Opinion

Harkins v. Pittsburg, Allegheny & Manchester Traction Co.

Supreme Court of Pennsylvania

Decided January 6, 1896No. Appeal, No. 231PublishedCited by 8 opinions

Appeal, No. 231, Oct. T., 1895, by defendant, from judgment of O. P. No. 3, Allegheny Co., Nov. T., 1893, No. 260, on verdict for plaintiff. Trespass to recover damages for expenses and loss of services resulting from an injury to a minor child. Before Kennedy, P. J. At the trial it appeared that on June 14, 1898, the plaintiff’s son, George Harkins, then about two years and eleven months old was run over by one of defendant’s electric cars on Preble avenue, Allegheny City.

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Appeal, No. 231, Oct. T., 1895, by defendant, from judgment of O. P. No. 3, Allegheny Co., Nov. T., 1893, No. 260, on verdict for plaintiff. Trespass to recover damages for expenses and loss of services resulting from an injury to a minor child. Before Kennedy, P. J. At the trial it appeared that on June 14, 1898, the plaintiff’s son, George Harkins, then about two years and eleven months old was run over by one of defendant’s electric cars on Preble avenue, Allegheny City. The circumstances of the accident are stated in the opinion of the Supreme Court. Defendant presented, among others, the…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

This action was brought by a father to recover for expenses and loss of services resulting from an injury to his minor child. The only assignment of error to be considered relates to the refusal of the court to direct a verdict for the defendant. The testimony in relation to the rate of speed at which the car was moving, to obstructions in the street, to the attention which the motorman gave to his duties, and to the question whether the child who was injured came so suddenly upon the track, from behind a wagon as not to be seen in time to stop the car before he was…

2Cited by8 opinions

  1. McKinney v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1915
  2. Davis v. Media, Middletown, Aston & Chester Electric Railway Co.Superior Court of Pennsylvania · 1904
  3. Distasio v. United Traction Co.Superior Court of Pennsylvania · 1908
  4. Scerca v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1945
  5. Gould ex rel. Shadd v. Union Traction Co.Supreme Court of Pennsylvania · 1899

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