Fineman v. Philadelphia Rapid Transit Co.

Citations

• 42 Pa. Super. 379
• 1910 Pa. Super. LEXIS 337

Syllabus

<p>Negligence — Infante—Care of parents — Contributory negligence — ■ Case for jury.</p> <p>1. Where a parent permits a child of tender age to go on to the street, he is bound to observe reasonable care in guarding the child, dependent on the circumstances. What is a reasonable care is a question for the jury, and in passing upon such question the jury may consider the occupation and financial ability of the parent, the place of residence, the size of the family and the conditions surrounding the home.</p> <p>2. The question of the contributory negligence of the parents is for the jury where the evidence shows that the father was a tailor working in an upstairs back room, that the mother was attending to a baby in another part of the house, that a daughter between four and five years of age was with the housemaid on the ground floor; that the little girl slipped out into the street without the knowledge of either parent to go to a candy shop, and on her return was struck by a street car, and that only about five minutes had elapsed after the mother last saw the child and the arrival to her of the news of the accident.</p>