Mulhern v. Philadelphia Homemade Bread Co.

Citations

• 257 Pa. 22
• 101 A. 74
• 1917 Pa. LEXIS 677

Syllabus

<p>Negligence — Teams—Drivers—Children—Case for jury.</p> <p>1. It is common knowledge that special caution on the part of drivers of vehicles is required for the protection of children who congregate in the vicinity of a schoolhouse.</p> <p>2. In an action to recover damages for personal injuries sustained by a school child ten years of age, in consequence of being run over by a wagon, there was evidence that the child fell or was pushed into the gutter when the wagon was about thirty feet away, and that at the time the driver was not looking forward. It was a question for the jury to determine whether the driver, by the exercise of proper care, should have seen the child in time to stop his wagon, or turn it aside to avoid the accident.</p>