Garris v. Bell

Citations

• 253 Pa. 33
• 97 A. 1034
• 1916 Pa. LEXIS 778

Syllabus

<p>Negligence — Children—Vehicles—Wagons—Contributory negligence of parents — Case for jury.</p> <p>1. Where in an action for injuries to a child alleged to have been occasioned by a wagon, while the child was playing in the street, there was evidence that at the time of the accident the parents knew that the child was playing in the street, the question of their contributory negligence was for the jury.</p> <p>2. Where in such ease there was evidence from which the inference could be drawn either that defendant’s driver drove in negligent proximity to the child so that she was struck by the wheel, or that the child was not injured by the wagon, or that while playing the child brought herself in contact with the hub, without fault upon the driver, the case was for the jury and a verdict and judgment for defendant was justified by the evidence.</p>