Cominskey v. Connellsville, New Haven & Leisenring Street Railway Co.

Citations

• 4 Pa. Super. 631
• 1897 Pa. Super. LEXIS 179

Syllabus

<p>Negligence — Street railway — Infant—Speed of car.</p> <p>In an action against a street railway to recover damages for death of a child of six years and four months old, run over and killed by a car while playing in the street, it appeared that the child was running the same way with the car with some other children, and that he attempted to run around in front of it. The plaintiff’s case rested upon the allegation that the car was run at undue speed. One of the witnesses testified that “ the car was •going awful fast,” another that “ it seemed to me she was running quite lively,”'another, “I noticed the motorman stopping the car as quick as he could ; ” and the same witness, who was uneontradicted, testified, “ that the car was stopped in half its length.” There was no evidence of want of care on the part of the motorman, either before or after the child had been seen by him. The trial judge left the case to the jury on the question of negligence “ in the fast running of the car and possibly in the unskillfulness of the person having the ear in chai’ge.” The jury found a verdict for the plaintiff of six and one quarter cents. Held, That the defendant was entitled to a compulsory nonsuit, and that the plaintiff had no standing to complain of the charge of the court as inducing an inadequate verdict.</p>