McMellen v. Union News Co.

Citations

• 144 Pa. 332
• 22 A. 706
• 1891 Pa. LEXIS 616

Syllabus

<p>(a) A news company, without the plaintiffs’ consent, employed plaintiffs’ son, an intelligent youth in his sixteenth year, to sell goods on passenger trains, with instructions not to get upon a train until it stopped, to get off before it started, and if it started before he could alight, to remain on the train until it stopped again:</p> <p>1. In an action against the news company for negligence resulting in the death of the son, the plaintiffs’ testimony showing that the son’s companion alighted in safety before the train started, that the son remained on the train, and, in attempting to get off while it was in motion was killed, it was not error to order a nonsuit.</p>