Davis v. Westmoreland County Railway Co.

Citations

• 222 Pa. 356
• 71 A. 538
• 1908 Pa. LEXIS 710

Syllabus

<p>Negligence — Street railways — Motorman—Duty to keep a general lookout ■ — Infant—Duty of parents — Case for jury.</p> <p>It is negligence for a traveler along the streets of a city not to keep a general lookout where he is going. This rule applies not only to foot passengers and drivers of vehicles, but also to motormen in charge of street cars.</p> <p>Where a motorman sees a child ten years old running parallel to the tracks, and so close that a step or two might bring her upon them at any instant, the danger to the child is not so imminent as to justify the motorman as a matter of law in closing his eyes to other obstructions or risks in his path. If, in such situation, he diverts his attention to such an extent as to run over another child, the question of his negligence is one for the jury.</p> <p>Where a mother, the wife of a miner, leaves a child two years old in charge of an older daughter, ten years old, and goes on an errand, while the husband is at his work, and the younger child is injured by an electric street car, the question of the parents’ negligence is for the jury.</p>