McCabe v. Kain

Citations

• 250 Pa. 444
• 95 A. 574
• 1915 Pa. LEXIS 967

Syllabus

<p>Negligence — Infants—Jumping on moving wagon — Contributory negligence — Case for jury.</p> <p>In an action to recover damages for personal injuries sustained by a child thirteen years of age in consequence of his having jumped or fallen from defendant’s moving wagon, it appeared that he was endeavoring to steal a ride and there was evidence that the driver struck him, or struck at him, with his whip to make him get off, and that in so doing the child fell and-was injured. Held, the question of defendant’s negligence and plaintiff’s contributory negligence were for the jury, and a directed verdict for defendant was reversed.</p>