Brown v. Schellenberg

Citations

• 19 Pa. Super. 286
• 1902 Pa. Super. LEXIS 85

Syllabus

<p>Negligence — Child of lender years.</p> <p>Injury to a child of tender years is a misfortune without remedy in the absence of negligence on the part of him who caused the injury, but if the latter be guilty of negligence, the heedlessness of danger by the child is no protection to him.</p> <p>In an action to recover damages for injuries to a child seven years old, the case is for the jury, and a judgment and verdict for plaintiff will be sustained where the evidence for the plaintiff, although contradicted, tended to show that if the defendant had watched the movements of the child as she continuously moved from the pavement over the curb and across the street, he could have checked his horse before the accident occurred.</p>