Drenberg v. Mahoning & Shenango Railway & Light Co.

Citations

• 55 Pa. Super. 218
• 1913 Pa. Super. LEXIS 346

Syllabus

<p>Street railways — Negligence—Infant—Contributory negligence — Damages — Case for jury.</p> <p>1.. A child five years old struck by an electric car will be entitled to damages from the company operating the car, where it appears that the mot'orman could have seen the child on the unobstructed street, approaching the track when the car was still over 200 feet distant from the point of the accident, and that the car not only ran that distance, but passed over 140 feet beyond, after striking the boy, before it was stopped.</p> <p>2. In such a case the question of the relative rights of pedestrians and street railway companies on public streets, is immaterial to the issue, inasmuch as a child of five years cannot be held guilty of contributory negligence.</p> <p>3. Where the testimony of physicians is conflicting as to whether injuries to a child five years old are permanent, the question raised by conflicting testimony must be determined by the jury under proper instructions from the court.</p>