Parrotta v. Pennsylvania & Mahoning Valley Railway Co.

Citations

• 40 Pa. Super. 138
• 1909 Pa. Super. LEXIS 580

Syllabus

<p>Negligence — Street railways — Infant—Death—Contributory negligence of parent.</p> <p>1. In an action against a street railway company to recover for the death of a child between three and four years old by being run down by an electric car, the mother cannot be charged with contributory negligence in permitting the child to go on the street, where it appears that the child escaped her while she was preparing a meal, that she did not permit her children to go on the street, that she kept the front door closed, and that as soon as she missed the child she started immediately to look for her.</p> <p>2. A jury is justified in finding that a motorman was guilty of negligence in running over a small child where several witnesses testify that before the accident happened they had called to the motorman when the car was from 100 to 200 feet from the child, indicating the danger of the child as she walked slowly across the street quite a distance ahead of the car, but that no attention was paid to the signal by the motorman, who was standing by the brakes with his back turned towards the front of the car engaged in conversation with persons inside the car, and that the car ran from thirty to thirty-five feet after the child was struck.</p>