Myers v. Pittsburgh Railways Co.

Citations

• 242 Pa. 502
• 89 A. 577
• 1914 Pa. LEXIS 680

Syllabus

<p>Negligence — Street railways — Conflicting evidence — Case for jury — Infants.</p> <p>1. Where the evidence is conflicting as to the material facts upon which the rights of the parties depend, the ease is for the jury-</p> <p>2. In an action of trespass to recover damages for personal injuries sustained by an infant plaintiff in consequence of being run over by a trolley car, where plaintiffs’ evidence tended to show that after sledding down a street intersecting the street on which defendant’s double tracks lay, he got off his sled and piffling it after him passed over the first track and almost over the second when he was struck by the ear, the motorman of which was not looking ahead but to the side away from the boy and defendant’s witnesses testified that the boy while riding flat on his sled passed over the tracks and in front of the moving car, the court was not in error in submitting the question of defendant’s negligence to the jury and a verdict and judgment for the plaintiff was sustained.</p>