Flanagan v. People's Pass. Ry. Co.

Citations

• 163 Pa. 102
• 29 A. 743
• 1894 Pa. LEXIS 1149

Syllabus

<p>Negligence— Street railways— Infant.</p> <p>In an action against a street railway company to recover damages for the death of a girl about seven and a half years of ago, it appeared that the only witness to the accident was a boy about ten years old. He testified that it was somewhat dark, but that he saw the car by its lights, and as it came along the little girl who had been standing on the pavement started to run across the street diagonally in front of the car, not at a crossing. The driver called out to her “ hey, there,” but she answered “ never mind, I can get apast.” The boy testified that the car was going fast, but he did not say that it was faster than usual. He stated that the car slid two feet after the child was run over, but the evidence was uncertain as to what part of the ear passed over the child. Held that a nonsuit was properly entered.</p>