Ditchfield v. Tharp

Citations

• 75 Pa. Super. 563
• 1921 Pa. Super. LEXIS 63

Syllabus

<p>Negligence — Contributory negligence — Automobile accident — Near school house — Death of minor child — Case for jury.</p> <p>It is the duty of a driver of a motor vehicle to exercise special caution while driving in the vicinity of a school house, for the protection of the children who congregate there.</p> <p>In an action of trespass to recover damages for the death of a minor child, the case is for the jury and verdict for the plaintiff, will be sustained where there is evidence to warrant a finding that the defendant’s car was being driven at an excessive rate of speed in the vicinity of a school house, and that no warning was given to attract the attention of the school children engaged in their sport and play.</p> <p>Evidence — Earning capacity of decedent — Earnings of minors in same locality.</p> <p>In an action to recover damages for the death of a ten-year-old boy, evidence of the earnings of children in the same locality is admissible for the purpose of determining the probable earning capacity of the deceased child.</p>