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· 5/26/1915

Lonabaugh v. Pittsburgh Railways Co.

Citations

  • 250 Pa. 42
  • 95 A. 316

Syllabus

<p>Negligence — Street railways — Minors—Contributory negligence —Case for fury.</p> <p>In an action against a street railway company to recover damages for personal injuries sustained by a child fourteen years of age while crossing the tracks of the defendant company on a dark rainy night, it appeared that plaintiff stopped at the curb line and looked for approaching vehicles and saw none; that she stopped again within two feet of the first track, looked and saw no car; that while crossing the far rail of the double track she was struck by a car going at the rate of 15 miles an hour and which ran 80 feet before stopping; that while the street was straight there was a depression in it which made it uncertain just how far .plaintiff could have seen the ear; that no bell was rung, and the windows of the ear were beaded by rain so that the motorman could not clearly see ahead of him. Held, that the ease was for the jury.</p>

Judges: Brown, Elkin, Frazer, Moschzisker, Stewart

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