Di Meglio v. Philadelphia & Reading Railway Co.

Citations

• 252 Pa. 391
• 97 A. 476
• 1916 Pa. LEXIS 627

Syllabus

<p>Negligence — Railroads—Infants—Boy playing on car — Contributory negligence — Case for fury.</p> <p>1. An infant is only chargeable with negligence if he has sufficient discretion and intelligence to appreciate the danger and avoid it.</p> <p>2. A ten-year-old boy is not presumed to have sufficient capacity and understanding to be sensible of danger and to avoid it, but is beyond the age when it can be declared as a matter of law that he is immune from a charge of negligence.</p> <p>3. In an action against a railroad company to recover damages for injuries sustained by a ten-year-old boy as the result of a collision between one of defendant’s engines and a box car on which plaintiff was playing, it was error for the court to instruct the jury that the plaintiff was not chargeable with negligence, and to refuse to submit such question to the jury.</p>