Freel v. Wanamaker

Citations

• 208 Pa. 279
• 57 A. 563
• 1904 Pa. LEXIS 745

Syllabus

<p>Negligence — Wagon—Infant—Evidence—Reckless driving — Question for jury.</p> <p>Upon those who use the public highway is imposed the duty to use reasonable care, and thus if practicable to avoid accident. One who recklessly drives' upon a public highway and an accident occurs, may have imputed to him the charge of negligence. Reckless driving upon a highway is not the exercise of reasonable or ordinary care in the use of it, and is a failure to perform a duty imposed by law.</p> <p>In an action against the owner of a wagon to recover damages for personal injuries to a child four years of age, the case is for the jury, and a verdict and judgment for plaintiff will be sustained, where five witnesses testify that the wagon which ran over the child was the defendant’s wagon, and three of the witnesses state that the wagon was being driven at a very high rate of speed, that the horses were running and galloping, and that their attention was particularly drawn and attracted because the wagon was a heavy one.</p>