Gress v. Philadelphia & Reading Railway Co.

Citations

• 228 Pa. 482
• 77 A. 810
• 1910 Pa. LEXIS 513

Syllabus

<p>Negligence — Railroads—Infant—Presumption of incapacity — Contributory negligence — Evidence.</p> <p>1. In an action to recover damages for the death of a child killed under circumstances which would have absolutely precluded recovery in the ease of an adult, where it appears that the child lacked but a few days of being fourteen, the presumption of incapacity to appreciate and avoid danger is very feeble, and is clearly rebutted by testimony showing that the child had had years of experience in connection with the very danger which was risked and possessed unusual capacity in other affairs.</p> <p>Negligence — Imputed negligence■ — Parent and child — Delegation of authority — Contributory negligence.</p> <p>2. Where a parent commits a child six years old to its sister fourteen years old, competent for her age as caretaker and the child is killed in an accident through the contributory negligence of the sister, the latter’s negligence must be imputed to the parent in an action by the parent to recover damages for the death.</p> <p>Mestrezat, Elkin and Moschzisker, JJ., dissent.</p>