Nevins v. Delaware & Hudson Co.

Citations

• 261 Pa. 32
• 103 A. 1017
• 1918 Pa. LEXIS 683

Syllabus

<p>Negligence — Animals — Vicious mule — Boy on sled — Kick of mule — Death—Contributory negligence — Case for jury — Excessive verdict — Reduction of verdict.</p> <p>1. In an, action to recover for the death of plaintiff’s fourteen-year-old son resulting from his being kicked in the head by defendant’s mule, the questions of the negligence of the defendant and the contributory negligence of the deceased were for the jury and a verdict for the plaintiffs will be sustained where it appeared that deceased and certain companions were coasting down a hill on a bobsled and crossed the road on which the mulé was standing, in charge of defendant’s driver; that as deceased came within four feet of the mule it kicked him on the head inflicting injuries from which his death resulted; that at the time of the occurrence deceased was the fourth boy on the sled, which was being steered by an eighteen-year-old companion; and there was evidence that on previous occasions the mule had shown vicious propensities and had kicked other persons, and that' defendant had knowledge of such fact.</p> <p>2. In such case the lower court properly reduced the verdict of $5,013 in favor of the plaintiffs which was grossly excessive to $2,86.4.19, the reduced amount representing the estimated probable earnings of deceased during minority less the cost of his maintenance and education.</p>