Rummele v. Allegheny Heating Co.

Citations

• 2 Monag. 98
• 16 A. 78
• 1888 Pa. LEXIS 827

Syllabus

<p>In an action to recover damages for injuries to a child six years of age, caused by the alleged negiigence of the defendant, the plaintiff cannot complain of instructions that, as a general rule, “ a child of six years of age, cannot' be charged with contributory negligence. But, in some cases, it is a question for the jury, depending upon the degree of intelligence of the child, and whether it was aware of its danger. I see nothing in the evidence to show that the child was aware of the danger, or was warned of any danger.”</p> <p>In an action to recover damages for injuries to a child of tender years, disabling him from engaging in certain occupations, there will be no reversal because the court charged that it would not do to base a verdict upon the “ Carlisle tables,” where they were not offered in evidence upon the trial.</p>