Fleishman v. Neversink Mountain Railroad
Supreme Court of Pennsylvania
Appeal, No. 128, Jan. T., 1896, by plaintiff, from judgment of C. P. Berics Co., Aug. T., 1892, No. 65, on verdict for defendant. Trespass for personal injuries to a child six years of age,. Before Ebmenteout, P. J. At the trial it appeared that about eight o’clock on the evening of June 22,1892, the plaintiff, at that time about six years •of age, was struck and injured by one of defendant’s electric cars.
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Appeal, No. 128, Jan. T., 1896, by plaintiff, from judgment of C. P. Berics Co., Aug. T., 1892, No. 65, on verdict for defendant. Trespass for personal injuries to a child six years of age,. Before Ebmenteout, P. J. At the trial it appeared that about eight o’clock on the evening of June 22,1892, the plaintiff, at that time about six years •of age, was struck and injured by one of defendant’s electric cars. Just before the accident plaintiff had started across the street, and then stopped. When the car which struck her was about ten feet from her, she turned suddenly and ran upon the track,…
1Opinion of the Court
Per Curiam,
We agree with the learned court below in their views of this ease. There is no evidence of negligence on the part of the motorman. He could not anticipate the sudden action of the child in attempting to cross the track immediately in front of the car, and his failure to do so is not negligence.
Judgment affirmed.
2Cited by4 opinions
- Camden Interstate Ry. Co. v. BroomCourt of Appeals for the Sixth Circuit · 1905
- Crone v. Harrisburg Railways Co.Supreme Court of Pennsylvania · 1928
- Rack v. Chicago City Railway Co.Appellate Court of Illinois · 1897
- Kent v. Pittsburgh Railways Co., Pennsylvania Court of Common Pleas, Washington County1922