McGinnis v. Peoples Bros.

Citations

• 249 Pa. 335
• 94 A. 925
• 1915 Pa. LEXIS 727

Syllabus

<p>Negligence—Respondeat superior — Infant trespasser — Moving vehicle—Instructions—Court and jury.</p> <p>1. In an action to recover damages for personal injuries to a six year old child, who was injured while playing with other boys upon a wagon driven by defendants’ employee, which it was alleged was started without giving them an opportunity to alight, where it appeared that the plaintiff climbed upon the wagon without the consent of the defendants or their driver, it was error not to affirm a point presented by defendants to the effect that if the boy climbed upon the wagon without the consent of the defendants or their driver, he was a trespasser regardless of his age.</p> <p>2. In such case it was error for the court to refuse to charge at the request of defendants that if the boy was a trespasser there could be no recovery against the defendant unless the jury found from the evidence that they or their driver wantonly or intentionally inflicted the injury complained of.</p>