Martin v. Vare

Citations

• 212 Pa. 83
• 61 A. 615
• 1905 Pa. LEXIS 554

Syllabus

<p>N egligence—Infant—W agon—Evidence—N onsuit.'</p> <p>In an action to recover damages for injuries to a boy nine years old, it appeared that at the time of the accident plaintiff was playing tag at a street corner. He stood on the pavement on the west side of one of the streets looking south and leaning against a trollejr pole that was six or eight inches from the curb. His weight was supported by his left leg, and his right leg was crossed'in front of it so that his right foot was at the edge of the curb. Something hit his leg and he fell on the pavement with his right leg projecting into the street beyond the curb as the defendant’s wagon was passing, and his leg was run over by the right-hand wheel of the wagon. The defendant’s driver was going south, and when a short distance north of the boy he turned from the car track to allow a car to pass and drove slowly between the track and the curb. The accident happened between five and six o’clock in the evening in the latter part of October, when it was growing dark. There was no evidence as to what struck the leg of the boy which caused him to fall. Plaintiff testified that it must have been the hub of the wheel. A witness for plaintiff testified that the front wheel struck the boy, but on cross-examination it appeared that this witness did not see the boy until he was under the wheel. Held, that a nonsuit was properly entered.</p>