Corpies v. Sand Co.

Citations

• 31 Pa. Super. 107
• 1906 Pa. Super. LEXIS 166

Syllabus

<p>Negligence — Infant—Wagon—Identification of wagon — Contributory negligence of parent.</p> <p>In a negligence case, where the plaintiff has proved that the defendant operated upon the streets of a city, wagons of a particular kind, marked in a peculiar manner, and that such a wagon so marked was responsible for the accident, such proof is sufficient to sustain a finding by the jury, under proper instructions, that the wagon was the property of the defendant company.</p> <p>Proof of ownership, under such circumstances, is sufficient to sustain an inference in favor of a third party that a person in charge of the property was the agent or servant of the owner.</p> <p>In an action to recover damages for injuries to a child of tender age, the evidence showed that the horses and wagon which ran down the child were being driven at a slow walk in broad daylight, in front of the premises where the child lived with its parents; that the mother left the child in the house and stepped across the street, and the child came out of the house and attempted to follow her, and was knocked down and severely injured by the horses and wagon. Held, that the negligence of the defendant, and the contributoiy negligence of the mother, were questions for the jury.</p>