Phillips v. Duquesne Traction Co.

Citations

• 8 Pa. Super. 210
• 1898 Pa. Super. LEXIS 41

Syllabus

<p>Evidence — Burden of proof of contributory negligence.</p> <p>The plaintiff in an accident case is not called upon to disprove negligence on his part by negative testimony in the first instance. If he establishes a case against the defendant without disclosing negligence on his own part he is entitled to go to the jury. '</p> <p>Negligence — Parent and child — Parent's duty as to care — Question for jury.</p> <p>Where want of care on the part of the parent is manifest and indisputable the court should declare its presence and effect. Where the measure of care depends on varying circumstances the question is for the jury. The mere fact of incapacity of the child neither creates nor shields from liability. If there be negligence by the defendant and no negligence by the parent, want of discretion by the child is no defense.</p>