Distasio v. United Traction Co.

Citations

• 35 Pa. Super. 406
• 1908 Pa. Super. LEXIS 53

Syllabus

<p>Negligence — Street railways — Infant—Speed—Province of court and jury — Contributory negligence of parents.</p> <p>In an action against a street railway company to recover damages for the death of a boy' four years old run down by an electric car, the case is for the jury and a verdict and judgment will be sustained, where the evidence tends to show that the accident occurred at an intersection in clear daylight with an unobstructed view of the street, that the motorman did not sound his gong or bell, that the car was going more than eight miles an hour in a populous section, that the car was stopped within six or eight feet from the point where the child was struck, and that if the motorman had been alert the accident would not have happened.</p> <p>Parents who are poor cannot be charged with contributory negligence in allowing a boy four years old to go on the public street accompanied by a brother of the child, eleven years old.</p>