McGuire v. Barnes Safe & Lock Co.

Citations

• 216 Pa. 639
• 65 A. 1112
• 1907 Pa. LEXIS 882

Syllabus

<p>Negligence — Infant—Boy on wagon — Nonsuit.</p> <p>In an action against the owner of a wagon by a boy ten years old, to recover for personal injuries, it appeared that at the time of the accident plaintiff was riding on the wagon standing in a place of safety. The driver turned and cracked his whip towards plaintiff and two other boys who were with him. After the driver had made this demonstration and had turned again towards the horses, plaintiff moved from the place where he had been standing to a place of danger, advancing towards the driver for the purpose of asking him to stop, so that he, the plaintiff, could get off, and taking hold of a standard, which leaned out, he fell off, and was injured. It appeared that the boys were allowed to get oh the wagon with the consent of the driver. Held, that a nonsuit was properly entered.</p>