Kierkowsky v. Connell

Citations

• 253 Pa. 566
• 98 A. 766
• 1916 Pa. LEXIS 891

Syllabus

<p>Negligence — Animals—Mules—Children—Invitees—Trespassers —Case for jury.</p> <p>1. The case was for the jury in an action against the owner of a mule for injuries sustained hy a twelve year old boy in consequence of being kicked by the mule while he was removing the harness therefrom where it appeared that defendant’s vice-principal had for a long time permitted the boy to go with the wagon in making deliveries and to be in the stable about the mule and to assist in earing for it, although defendant’s evidence showed that plaintiff had been ordered by the driver to leave the stable before the accident.</p> <p>2. Where in such ease it appeared that the boy was healthy before the accident, but as the result thereof his jaws were broken and he was unable to properly masticate his food, could not stand the cold, had lost his normal strength and was to some extent disfigured, a verdict of $3,000.00 for the boy and $500.00 for the father was not excessive.</p> <p>3. In such case the fact that the boy was so immature as to be without. earning capacity did not deprive the plaintiffs of the right to recover for such loss of earnings as the jury might find from all the facts and circumstances had been or would be sustained as a result of the accident.</p>