Evers v. Philadelphia Traction Co.

Citations

• 176 Pa. 376
• 35 A. 140
• 1896 Pa. LEXIS 1086

Syllabus

<p>Negligence — Street railways — Motorman looking away from track — Province of court and jury.</p> <p>Where the evidence tended to show that a little child in plain view of the motorman of a traction company’s car started to cross in the middle of a block some sixty feet away, that the motorman was not looking in front .of him but in another direction and paid no attention to calls from persons on the sidewalk, and his car ran over the child; held, that the case was for the jury.</p> <p>Neither at street crossings nor between them have street railway cars an exclusive right to the surface occupied by their tracks. Rapid running over crossings is of itself negligence; between crossings it is not, but the ear must be run with caution.</p> <p>Contributory negligence — Parents allowing infants on street — Province of court and jury.</p> <p>The plaintiffs’ family was made up of the parents and eight children, and was in moderate circumstances. The father peddled brooms, and attimes manufactured them in the house where he lived. The mother had only such aid in earing for the little children as the older ones could give. On the day of the accident two of the daughters were at church and the father was reading a newspaper in the house. The mother washed and dressed one, aged four and one half years old, and permitted Mm with a brother eight years old to go to a coal box on the street near by, where there was no railway track. While dressing another child she sent a daughter foi both children. The eldest returned but the little one refused. She immediately sent for him again and he ran half a square and started to cross a street on which he was struck by the defendant’s car which according to plaintiffs’ testimony was being run at a rapid rate of speed ; and the testimony was that the motorman was not watching the track. Held, (1) that contributory negligence could not be imputed to the child; (2) that it was proper to submit the alleged contributory negligence of the pare