Miller v. Lebanon & Annville Street Railway Co.

Citations

• 186 Pa. 190
• 40 A. 413
• 1898 Pa. LEXIS 978

Syllabus

<p>Negligence — Street railways — Obstruction in highway — Infant.</p> <p>A street railway company, in obedience to the direction of the road supervisors, laid its tracks in a highway eight inches lower than the surface of the road. This direction was given because the supervisors intended to lower the grade of the road. Between the trench and the traveled part of the road a mound was formed by wagon wheels displacing the earth. This mound was about two feet from the tracks, on a part of the road over which the company had no control. A child six years old, while playing in the road, was directed by her elder sister to cross the road to their home, ■and was cautioned to look out for a car which was then approaching. The child walked partly across the road to a point five feet from the tracks, and stopped for the car to pass. She stood there until the front part of the oar passed her, and then in some way not clearly explained she got under the rear wheels and was killed. In an action by the parents of the child against the company for damages, plaintiffs contended that defendant was negligent in laying its tracks in the trench, and that if the trench and the mound had not been there the child when she fell would have remained on the surface of the road, and not have rolled down under the wheels of the car. Held, (1) that, in laying the tracks according to the directions of the supervisors, there was no violation by the defendant of its duty to conform to the grade of the road in laying its tracks; (2) that the fall of the child not having been caused by the depression of the tracks, it is mere conjecture as to whether the depression made the situation more dangerous after the fall; (8) that it was proper to give binding instructions in favor of the defendant.</p>