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· 1/2/1906

Estep v. Webster Coal & Coke Co.

Citations

  • 213 Pa. 471
  • 62 A. 1082
  • 1906 Pa. LEXIS 508

Syllabus

<p>Negligence — Railroads—Infant of tender years — Nonsuit.</p> <p>In an action against a coal company to recover damages for injuries to a child two years of age, struck by an electric car operated by the defendant, a nonsuit is property entered where it appears that the accident occurred at a point 200 yards from a public crossing on ground owned by the defendant; that the car was running at the rate of from six to ten miles an hour; that the motorman while in the proper conduct of his car was so engaged that he did not see the child until within twenty-five or thirty feet ,of it, and that the conduct of the motorman was in no way wanton or willful.</p>

Judges: Brown, Elkin, Fell, Mestbezat, Mitchell, Potter, Stewabt, Stewart

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