Counizzarri v. Philadelphia & Reading Railway Co.

Citations

• 248 Pa. 474
• 94 A. 134
• 1915 Pa. LEXIS 598

Syllabus

<p>Negligence — Railroads—Children playing on or nea/r trades— Contributory negligence of parent — Case for jury.</p> <p>1. Where a strip of ground in close proximity to railroad tracks has been used by the public as a way, and by children as & playground for many years, it is the duty of railroad employees, before moving cars standing on the tracks, to ascertain whether there are any persons so near the cars as to be injured thereby.</p> <p>2. In an action to recover damages for injuries to a seven year old child who was struck by the overhang of a freight car which had been standing upon a siding and which was suddenly moved by a shunting engine, the case is for the jury where there is evidence that the child was playing on defendants’ right of way immediately in front of her home, though not on the tracks, that such right of way had been used by the public as a. passageway and by children as a playground for many years with the knowledge and assent of defendant and that no signal or other warning was given before the cars were moved.</p> <p>3. In such case the child was too young to be guilty of contributory negligence, and the question of its father’s negligence was for the jury.</p>