Safranski v. Seman

Citations

• 40 Pa. Super. 219
• 1909 Pa. Super. LEXIS 593

Syllabus

<p>Negligence — Infant—Contributory negligence of parent — Question for jury.</p> <p>1. In an action to recover damages for the death of a child twenty-two months old, run down by a wagon recklessly driven in a lighted, but little frequented street, the question of the mother’s contributory negligence is for the jury where it appears that the father of the child was a laborer, that the houses in the street where he lived had no yards, that the children in the neighborhood played in the street, that at the time of accident the mother of the child was sitting on a neighbor’s doorstep with the child on her knee, that the child’s attention was attracted to other children playing on the street, that the mother allowed her to go with them, and that shortly thereafter the child was run down by the wagon.</p> <p>2. When a parent makes reasonable efforts to guard his child from danger, and the child escapes, and without the knowledge of the parent, goes into a place of danger, the question of contributory negligence upon the part of the parent is for the jury.</p>