Chilton v. Central Traction Co.

Citations

• 152 Pa. 425
• 31 W.N.C. 409
• 25 A. 606
• 1893 Pa. LEXIS 993

Syllabus

<p>[Marked to be reported.]</p> <p>Negligence — Contributory negligence — Street railways — Infant.</p> <p>While contributory negligence cannot be imputed to a child five and one half years old, where such child unexpectedly and without warning runs from the pavement against a moving traction car, such fact is not evidence of negligence on the part of the railway company so as to render them liable.</p> <p>Plaintiff, a child about five and one half years old, was injured by a cable car on Wylie street in Pittsburgh, about ten or twelve feet above Fulton street. Plaintiff’s elder brother, a boy about sixteen years old, had a little stand on Wylie street, where he was selling lemonade. Plaintiff wanted some lemonade and his brother would not give it to him. Plaintiff went into the street, picked up a stone, and went back to the pavement. He then threw the stone at his brother, and thinking that his brother was coming to catch him “ wheeled and run kind of cross-way on the track.” He ran into the front end or side of the car. The car had stopped at the lower side of Fulton street, had started at first slowly, and then at the speed of the cable up the grade, which was quite steep at this place. Held, that plaintiff was not entitled to recover.</p>