Karahuta v. Schuylkill Traction Co.

Citations

• 6 Pa. Super. 319
• 1898 Pa. Super. LEXIS 154

Syllabus

<p>Question for jury — Negligence—Street railways — Duty of moiorman.</p> <p>Where there is evidence of the failure to ring the bell and of failure to perceive the approach of the child who was killed by a trolley car, and that the motorman was engaged in conversation with one of the passengers just before the accident and that his face was at one time turned away from the track, the case is for the jury on the question of the defendant’s negligence.</p> <p>Negligence — Contributory negligence of parent — Question for jury.</p> <p>A father left his little child of two and one half years of age on the front steps of his house facing a public street where electric cars and wagons were passing, while he took a still smaller child in to its mother. There was a hand organ playing upon the opposite side of the street and the child was enjoined not to leave the step. While the father was absent the child had wandered upon the track and had been killed. The parents were people in humble circumstances and had no one else to take care of the children but themselves. Held, That the action of the parent was not such as compelled the court to pronounce it to be such contributory negligence on his part as to require the withdrawal of the case from the jury.</p>