Barto v. Pennsylvania Railroad

Citations

• 49 Pa. Super. 36
• 1912 Pa. Super. LEXIS 280

Syllabus

<p>Negligence — Railroads — Infant — Trepasser — Boy killed crossing tracks — Question for jury.</p> <p>1. In an action against a railroad company to recover damages for the death of a boy seven years old killed while crossing the tracks of the defendant, the case is for the jury where the issue is whether the boy was struck at a public crossing, or whether he was struck while trespassing on the tracks fifteen to twenty-five feet from the crossing, and the evidence on the subject is conflicting.</p> <p>Damages — Evidence—Wages.</p> <p>2. The fact that a witness who is not an expert is permitted to state from his own personal knowledge the amount of wages usually paid to boys in a particular locality, is not a ground for reversing a judgment, where the facts stated are so generally within the common knowledge of the jurors, that their statement would not have any effect for or against either party to the action.</p>