Ross v. Chester Traction Co.

Citations

• 224 Pa. 86
• 73 A. 188
• 1909 Pa. LEXIS 730

Syllabus

<p>Negligence — Infant—Personal injuries from fire — Street railway companies.</p> <p>In an action against a street railway company to recover damages for death of a little girl seven years old, the case is properly submitted to the jury where there is evidence that an employee of the defendant pushed a wheelbarrow load of waste and greasy material and newspapers onto a lot not owned by the defendant, set fire to the stuff while a high wind was blowing, waited until the mass was reduced to smoking embers, and then left the lot, and that the plaintiff and another little girl approached the embers, and while standing or sitting near them, the wind fanned them into a flame which communicated directly to the child’s clothing, or carried a live spark or cinder against the child’s clothing, igniting it.</p> <p>Mr. Justice Elkin dissents.</p>